(6 months, 2 weeks ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
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.
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.
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.
(6 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
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.
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.
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.
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 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.
(6 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
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.
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.
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.
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.
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.]
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.
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.
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.
(5 months, 3 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The 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?
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.
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.
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.
(5 months, 3 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The 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.
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.
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.
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.
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.
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.
(5 months, 3 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
Good morning. Would everyone ensure that all electronic devices are turned off or switched to silent mode? We will continue line-by-line scrutiny of the Bill. The selection list for today’s sitting is available in the room and on the Parliament website. That shows how the clauses, schedules and selected amendments have been grouped for debate.
I remind the Committee that a Member who has put their name to the lead amendment in a group is called first or, in the case of a stand part debate, the Minister will be called to speak first. Other Members are then free to indicate that they wish to speak in that debate by bobbing. At the end of a debate on a group of amendments, new clauses and schedules, I shall call the Member who moved the lead amendment or new clause. Before they sit down, they will need to indicate if they wish to withdraw the amendment or new clause or to seek a vote.
If any Member wishes to press any other amendment—including grouped new clauses and schedules—in a group to a vote, they need to let me know. The order of decisions follows the order in which amendments appear on the amendment paper. I hope that explanation is helpful. I may ask for it to be recited back to me.
Clause 30
Local connection and service declarations ceasing to have effect
I beg to move amendment 8, in clause 30, page 40, line 30, leave out paragraph (a) and insert—
“(a) in subsection (1), omit from “and except” to the end;”.
This amendment and Amendment 9 correct amendments of section 201(1) of the Representation of the People Act 1983 so as not to introduce a requirement for regulations made by the Electoral Commission to be made by statutory instrument. Such regulations are subject instead to procedural requirements under Schedule 1 to the Political Parties, Elections and Referendums Act 2000.
The Chair
With this it will be convenient to discuss the following:
Government amendment 9.
Clause 30 stand part.
Government amendments 19 and 20.
I thank all Committee members for their attendance today. We will hopefully be swift and painless as we go through our deliberations. I will turn to clause 30 first, before talking to technical Government amendments 8, 9, 19 and 20, tabled in my name.
Clause 30 provides that, where the circumstances on which a declaration of local connection was made no longer apply, the registration based on that declaration will cease to have effect. That is determined by the electoral registration officer in accordance with affirmative procedure regulations, made by the Secretary of State for non-devolved elections and Welsh or Scottish Ministers for devolved elections. Members will recall, I hope, from clause 4 that declarations of local connection allow individuals to register to vote where they do not have a fixed or permanent address, and are therefore registered on the basis of specific qualifying circumstances. Where those circumstances change, it is appropriate that registration should not continue on that basis.
The clause also requires that, where a person is removed from the register in these circumstances, whether the registration was based on a declaration of local connection or a service declaration, they are notified in writing and informed how to make a new declaration, if appropriate. That is a necessary administrative measure that helps to ensure that the electoral register remains accurate and reflects individuals’ current circumstances.
Amendments 8, 9, 19 and 20 are technical Government amendments that ensure that the Secretary of State’s existing power to make regulations under section 29(8) of the Representation of the People Act 1983 is preserved. Nothing in the amendments changes policy or introduces new requirements. They simply ensure that amendments made elsewhere in the Bill do not inadvertently remove or narrow an important regulation making power that supports the effective administration of elections. I commend the amendments to the Committee.
It is a pleasure to serve under your chairmanship, Dame Siobhain. The Minister outlined this group in some detail. The Opposition have many disagreements with the Bill, but this is an implementation clause, with amendments that are technical and needed to tweak the system, in essence, in order to carry this through. We have no problem with the clause and will not contest it.
Amendment 8 agreed to.
Amendment made: 9, in clause 30, page 40, line 37, at end insert—
“(1ZA) Regulations made by the Secretary of State or the Welsh Ministers under this Act are to be made by statutory instrument, except in the case of regulations under section 29(8).”—(Samantha Dixon.)
See the explanatory statement for Amendment 8.
Clause 30, as amended, ordered to stand part of the Bill.
Clause 31
Seniority of electoral registration officers
Question proposed, That the clause stand part of the Bill.
Electoral registration officers are responsible for maintaining accurate and complete electoral registers, which are fundamental to the integrity of elections. The clause ensures that those appointed to that role are senior officers within their authority, with the authority and accountability needed to oversee this important function effectively.
By defining “senior officer” with reference to existing statutory roles, the clause provides clarity while allowing appropriate flexibility for councils. The clause applies across England and Wales, taking account of the different local government frameworks in each. Taken together with section 28 of the Representation of the People Act 1983, this change means that the returning officer for UK parliamentary elections, and police and crime commissioner elections, must be a senior officer of the local authority, who can command the use of the local authority resources needed to run elections effectively. I therefore commend the clause to the Committee.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Anonymous registration
Question proposed, That the clause stand part of the Bill.
A person, or someone in their household, who would be at risk if their name and address were published on the electoral register, can register to vote anonymously. Anonymous electors have their names and addresses withheld from the electoral register. The anonymous registration regime has been in place for close to two decades, and gives confidence to a vulnerable group of electors to participate in our democracy. For example, survivors of stalking or domestic violence, and staff working in certain sensitive fields, are users of this registration route.
As things stand, anonymous electors have to reapply annually to maintain their registration, or are removed from the register. That places a substantial burden on both that group of applicants and on administrators. To support this vulnerable group of electors and reduce the burden on administrators, we are extending the period of anonymous registration by increasing it from one year to three years. A three-year period of anonymous registration ends the burden of yearly reapplication for applicants, while maintaining the requirement for reapplication, which is vital to ensure that an individual’s electoral registration arrangements are suitable for them. I commend the clause to the Committee.
We welcome the clause and the proportionate measures that the Minister is proposing. It goes without saying, and I think everybody across the Committee would accept, that vulnerable people in our society—who may be going through difficult circumstances through no fault of their own—should have the absolute right to register and participate in our democratic processes. We think the change from annual registration to three-year registration is proportionate.
Can the Minister briefly outline how the change will be monitored? Is she confident that the resources are in place so that, when we move from annual to three-year registration, EROs have the systems and emphasis to ensure the register is refreshed and people are removed when they wish to be? On the whole, we agree with the clause entirely, and will not be contesting it.
I thank the Opposition for their support for this measure, which is important for a particularly vulnerable group of electors. The three-year cycle that is proposed aligns with the three-year postal vote cycle, which many of these voters will be using for a variety of reasons. Given that it aligns with that particular cycle, we can be assured that it will be no less of a burden—in fact, it will ease the administrative burden. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33
Pre-election applications for registration
Question proposed, That the clause stand part of the Bill.
Clause 33 sets out in law a clear and unambiguous deadline to register to vote in advance of a poll. Subsections (2) and (3) set the deadline at 5 pm, 12 working days before a poll. That brings the deadline forward by seven hours from the existing deadline of 12 working days before a poll. We believe that is the right thing to do for electors and administrators. It creates consistency by aligning the 5 pm deadline with other citizen-facing deadlines, including absent vote and voter authority certificate application deadlines. It will also allow any queries or issues with a registration application to be effectively addressed within the working day by electoral administrators.
Subsections (4) and (5) introduce a power for the Secretary of State and Scottish and Welsh Ministers to make regulations to change the deadline for elections that they have a responsibility for. In doing so, they might consult the Electoral Commission. Regulations must be subject to the affirmative procedure.
Clause 34 repeals unique requirements for additional documentary evidence to always be provided by anyone trying to register to vote just before an election, even if the chief electoral officer is confident of their eligibility based on the data held. The current late-registration requirements in Northern Ireland require that additional documentary evidence to support an application to register must always be provided by anyone trying to register just before an election, even if the routine data checks carried out by the chief electoral officer provide a clear address and identity match.
The chief electoral officer for Northern Ireland has made it clear that he has full confidence in the quality of the data available to him. That allows him to be confident in the identity of the vast majority of people making applications to register to vote. Therefore, it is necessary to request supporting evidence from applicants only where the data check is not clear. The repeal of these requirements will make voter registration easier for many people. In particular, it will remove an unnecessary barrier for many younger electors who may have fewer forms of documentary evidence than those over 18.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34 ordered to stand part of the Bill.
Clause 35
Electoral identity card issued in Northern Ireland: month and year of birth
Clause 35 allows for a change to the electoral ID cards that are produced by the Electoral Office for Northern Ireland. The change will enable the Electoral Office for Northern Ireland to produce a card that is sufficient to meet a narrower electoral requirement and will prevent misuse.
By moving to a system where cards display only the month and year of birth, we maintain the electoral requirement of the card, while also relieving pressure on the resources of the Electoral Office for Northern Ireland. The change will ensure that electoral ID cards are used for their intended purpose of facilitating participation in our democracy. It will allow the Electoral Office for Northern Ireland to focus its limited budget on delivering effective and secure elections.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36
Regulations as to registration etc: information to assist registration officers
Question proposed, That the clause stand part of the Bill.
The clause will support EROs with their duties to maintain complete and accurate registers, and facilitate the implementation of other clauses in the Bill related to direct registration, such as clauses 17 and 18. Clause 36 has two main effects. First, it will clarify the level of access that EROs should have to local authority datasets, and secondly, it will build the legislative framework to allow data sharing between Government Departments and other bodies with EROs.
On the first point, EROs currently have powers to access data from local authorities, or anyone providing services to that authority, to enable them to discharge their duty to maintain a complete and accurate register. However, in some cases, they face barriers to accessing the data they need. Local authorities interpret the extent of access they can provide in different ways, which creates an inconsistent picture of data access for EROs across the country. To address that, subsection (2) amends an existing power to clarify the rights of EROs to access local authority data to support electoral registration processes.
I now turn to the second impact of the clause. We know that there are opportunities to make better use of citizen data from across the public sector, including in the electoral registration space. The clause also includes a new power to enable better data sharing between Government Departments and other bodies with EROs. Subsection (3) introduces that power, which provides the legal basis for regulations setting out specific data-sharing arrangements and further data-sharing agreements. Given the importance of the clause to implementing clauses 17 and 18, I urge Members to support it.
Question put and agreed to.
Clause 36 accordingly ordered to stand part of the Bill.
Clause 37
Edited register: electors to opt in
Question proposed, That the clause stand part of the Bill.
Our electoral registration system relies on public confidence, part of which is knowing how personal data is used and having genuine control over it. As we update voter registration processes and prepare to extend the franchise to younger citizens, it is essential that the protections around personal information keep pace.
The open, or edited, register is not used for elections. It is available to be purchased and used for a wide range of purposes. The Bill introduces a clear and important safeguard. Electors will no longer be placed on the open register by default. Instead, they will be asked directly whether they wish to appear on it. That ensures that inclusion is an active decision rather than a presumption.
An opt-in approach gives people stronger control, aligns with guidance from the Information Commissioner’s Office, and reflects modern expectations of consent with regard to personal data. As we move towards more automated forms of registration, individuals might not always complete an application form themselves. In that context, it would no longer be fair or appropriate to assume inclusion on the open register. Moving to an opt-in system ensures that no person appears on the open register without their explicit consent.
Strong protections for younger people are built into that change. Anyone under the age of 16 registering as an attainer will be automatically excluded from the open register and will not be able to opt in. At its core, this measure strengthens the standard of consent, protects personal data and supports a modernised approach to voter registration. It contributes to a system that is secure, transparent and respectful of individual choice, ensuring public confidence as registration processes evolve. I commend clause 37 to the Committee.
We welcome the clause, but I have a couple of quick questions for the Minister. We must seriously consider anything that the Electoral Commission and electoral administrators have called for, and the Government have. The open register seems quite outdated and does not give the user or the person on it convenience or security. It is used for a number of different things that opens people up to unsolicited advances by dodgy people, if I can say that in Hansard. We therefore think that the clause is perfectly sensible.
This is perhaps my ignorance, but I want to ask the Minister about these changes in connection with the duties of Members of Parliament. I might be entirely wrong, and I do not expect officials to have a quick answer, so if the Minister wants to write to me, she may. I am not sure whether the software that Conservative Members of Parliament use for their casework relies on buying the open register, or what Labour Members use when they get a piece of casework to search for somebody who has not written to them before. If that is in the purview of the Minister’s Department—if not, that is fine—perhaps she can write to me about whether our duties and roles in this respect might be affected. Other than that, we think the clause is perfectly sensible, and we will not seek a Division.
As the hon. Member suspected, I do not have the answer to that question to hand. It is an interesting question, and I will supply a response as soon as I can.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Clause 38
Provision of assistance by local authority officers to returning officers
Question proposed, That the clause stand part of the Bill.
Clauses 38 and 39 deal with returning officers. As Members will know, returning officers play a central role in delivering elections and maintaining public confidence in the democratic process. Their decisions carry significant legal and operational responsibility. Returning officers rely on the support of local authority officers to support the effective and efficient running of elections. That is particularly important where constituencies cross local authority boundaries.
Clause 38 ensures that all local authorities in England and Wales are required to make their officers available to support the returning officer for UK parliamentary elections that fall wholly or partly within their area. That removes any ambiguity about local authority support responsibilities to returning officers, and helps to ensure that elections are administered smoothly and consistently. It aligns the position in England and Wales with the existing statutory arrangements in Scotland, promoting a coherent approach across Great Britain. The clause provides clarity and certainty, ensuring that returning officers have access to the local authority officer support they need in order to deliver well-run and trusted elections.
Clause 39 ensures that those appointed as returning officers are senior officers within their authority, with the experience, authority and accountability needed to manage complex electoral activity. In Scotland, the clause requires a senior officer to be appointed as returning officer for UK parliamentary elections, with provision for a designation where a constituency spans more than one council area.
In England, equivalent seniority requirements apply for returning officers at local elections, including those administered by London borough councils and the Greater London Authority. By ensuring that returning officers hold appropriately senior positions, the clause strengthens accountability and supports the effective administration of elections.
Question put and agreed to.
Clause 38 accordingly ordered to stand part of the Bill.
Clause 39 ordered to start of the Bill.
Clause 40
Timing of proceedings for nominations
Question proposed, That the clause stand part of the Bill.
Clause 40 makes changes to the deadlines for submitting nomination papers to returning officers at elections. Currently, nomination papers may be delivered between 10 am and 4 pm on any day in the period for submitting nominations, including the final day. Under the proposals in the clause, at a UK parliamentary election and at Northern Ireland local elections, nomination papers may be delivered to the returning officer between 9 am and 5 pm on any day of the nomination period except the last day, and between 9 am and 12 noon on the last day for submitting nomination papers. The change will therefore provide greater flexibility for political parties and prospective candidates when submitting their nominations.
As indicated, the clause will also move the deadline to submit nomination papers on the final day earlier, to midday. The deadline for making objections to nominations at UK parliamentary elections is set at 12 noon, except in relation to nominations delivered on the last day, for which the deadline will be 1 pm. That will allow returning officers to begin printing ballot papers earlier, and so reduce pressure on printing and delivery of postal ballot papers.
Alongside the planned forthcoming change to the postal vote application deadline—to be made by secondary legislation, and detailed in the Government’s strategy for elections, published last July—the adjustments will provide additional time for electoral administrators to process postal vote applications and to prepare and issue postal ballot packs, while still ensuring adequate time for candidates to submit their nominations. I commend the clause to the Committee.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clauses 41 and 42 strengthen the candidate nomination process by introducing new safeguards. That will protect the integrity of our elections and prevent impersonation or false nominations.
Recent years have seen individuals stand for election in order to be disruptive, or as sham candidates. A recent case saw multiple individuals standing under the same name across a number of constituencies, highlighting the need for identity checks. The Speaker’s Conference recommended introducing candidate ID and stronger nomination requirements to prevent candidates from misleading the electorate or undermining the integrity of the democratic process.
Clause 41 introduces a new requirement for those wishing to stand for election to provide evidence of their identity. The returning officer can deem a nomination invalid if there is a discrepancy in the ID that cannot be resolved to their satisfaction, or reject it if the ID leads them to doubt that the candidate is who they claim to be. If we are asking electors to identify themselves to register and vote, it is perfectly reasonable to ask candidates to do the same to stand.
We are reinforcing the integrity of the nomination process by introducing a requirement for candidates to sign a declaration with their nomination, setting out that they understand it is a criminal offence to knowingly provide false information on nomination papers and that their papers do not include any false information. In combination, these measures will deter prospective candidates who wish to abuse the system and undermine our democratic processes.
Clause 42 mirrors, for local elections in Northern Ireland, the provisions in clause 41 requiring candidates at UK parliamentary elections to provide proof of identity as part of the nomination process. To summarise, candidates at local elections in Northern Ireland will be required to include proof of identity with their nomination papers and to sign a new statutory declaration confirming that they understand it is a criminal offence to knowingly provide false information on nomination papers. We intend to extend these measures through secondary legislation to Northern Ireland Assembly elections. I commend the clauses to the Committee.
I welcome the Minister outlining these measures. We agree with them, but I note the slight irony that the Minister has given examples of wanting to stop impersonation and disruptive candidates and to protect the integrity of the election system, when later in the Bill there is a watering down of identification requirements for those who want to vote in UK elections. If she now believes that we need to strengthen the process by instigating a form of ID to stand in elections— I understand that the types of ID will be brought forward in secondary legislation, and we have no problem with that, as long as it is done clearly—what are her views on moving towards photographic ID being provided—
Lisa Smart
I am grateful for the hon. Gentleman’s confirmation of his assertion. Currently, there are higher barriers for voting than there are for standing in an election. That situation baffles me. We should be welcoming as many people as possible to vote if are entitled to. I am reasonably confident that we will discuss this matter more as the day progresses.
The Liberal Democrats welcome these clauses, because it is wholly sensible that there should be proof, particularly around home address. In our experience of elections, many of us will have seen looser or tighter interpretations of where somebody is living when standing for election. It is very welcome that proof must be provided in this way; there should be bars that candidates need to jump over to stand in an election. Those bars should be proportionate, and we feel that the Government’s proposal is entirely proportionate, so we support it.
To respond to the question’s from the hon. Member for Hamble Valley, we are currently finalising the details of the proposals, to make sure we strike the right balance between security and accessibility, and we will set more details out soon.
We anticipate that the candidate ID check will be different from the voter ID check. Voters show ID once, at the ballot box; candidates are in the public eye for weeks. If somebody attempts to mislead the public, there should be multiple opportunities for scrutiny, but the new checks will add an early safeguard that does not currently exist.
Later today, we will discuss our views around identification for those coming to the ballot box, but this important step forward for the nomination process will prevent people from disrupting our democratic process.
Question put and agreed to.
Clause 41 accordingly ordered to stand part of the Bill.
Clause 42 ordered to stand part of the Bill.
Clause 43
Withdrawal of certificates authorising candidate descriptions
Question proposed, That the clause stand part of the Bill.
The purpose of the clause is to enable political parties to withdraw support for candidates prior to the close of nominations, which is not currently possible. Parties will be able to take appropriate action when concerns about a candidate arise during the nomination period. Under the clause, at UK parliamentary elections and local elections in Northern Ireland, the registered nominating officer of a political party will be able to revoke their authorisation for a candidate to use the party’s description in their nomination papers up to 48 hours before the close of nominations.
Upon such a request being made, the candidate’s nomination would be cancelled, and their name would not appear on the ballot paper for that party. The clause will only allow such requests to be made up to 48 hours before the close of nominations. We have decided that to ensure that the candidate would still have time to resubmit nomination papers to stand for another party or as an independent candidate by the close of nominations. The party would also be able to nominate a new candidate to stand in place of the original candidate. We believe that making this change is right in order to ensure that, when concerns arise about a candidate during the nomination period, political parties will be able to withdraw their support and nominate a new candidate.
We welcome the clause. It has common sense and provides the ability for political parties, no matter what they are, to protect their reputation and integrity by clearly removing support from an election candidate who may have gone slightly skew-whiff. Let us face it: every party in this House—and outside it—has wrong ’uns, to use the technical term, in its midst. Enabling parties to withdraw support at that early stage is a vital and pragmatic step.
Has the Minister done a risk assessment on the effects on staff? I suspect that this legislative change will mean that Reform staff have a huge amount of work to do, given the number of candidates that their party suspends at elections and how often it is unable to get a candidate who has remotely sensible views. Will there be an impact assessment about the work created when Reform is standing candidates? Other than that, we are completely in support of the clause.
The hon. Gentleman tempts me, but I will not go into that particular arena. I will say that we are taking a balanced approach and that we have discussed the issue with electoral administrators. We do not believe that this approach is going to impose administrative burdens on returning officers, and it should allow the polls to run more smoothly than under the current arrangements.
Question put and agreed to.
Clause 43 accordingly ordered to stand part of the Bill.
As we have just discussed, clause 43 enables a political party to withdraw authorisation for a candidate to stand on its behalf prior to the close of nominations. Clause 44 makes provision in relation to the subscription to nomination papers as a consequence of that change.
Under clause 44, if a person who has previously subscribed to the nomination paper of a candidate at a parliamentary election but the party withdraws its support for that candidate, which as a consequence invalidates the nomination, that person may subscribe to another nomination paper. That also applies to any time a nomination is ruled to be invalid due to a problem with the party description.
We believe that it is right for a subscriber in that circumstance—when the original nomination has been deemed invalid, through no fault of the subscriber—to be able to subscribe to another nomination paper if they wish to do so. That would allow them to subscribe to an alternative candidate put forward by the party, or to the same candidate if that candidate was now running as an independent or for a different party. I hope that hon. Members will support the measure.
We support the clause and think it a pragmatic and proportional response to the other legislative changes that the Minister has outlined. We all know what happened before—candidates would have to run around to get 10 signatures, although that figure went down to two signatures under the last Government. That was a good thing, particularly because in some circumstances it is harder for smaller parties suddenly to find somebody else within a ward or a geographical area to sign nomination papers. Even for the main parties, in some geographical areas it is harder to get nominations than in others.
Clause 44 is a pragmatic solution. It favours smaller parties that do not have the infrastructure of larger parties, enabling them to put up candidates subject to the implications of clause 43. We wholly support it.
Question put and agreed to.
Clause 44 accordingly ordered to stand part of the Bill.
Clause 45
Police contact form
Question proposed, That the clause stand part of the Bill.
The Chair
With this, it will be convenient to discuss the following—
New Clause 56
“Duty of Electoral Commission to provide candidate safety guidance
(1) The Electoral Commission must, within 6 months of the passing of this Act, prepare and publish guidance on the safety and security of candidates and campaigners during election periods.
(2) The guidance must include information about—
(a) identifying, recording and reporting threats, abuse and intimidation;
(b) physical and online security measures; and
(c) the roles of the police, the Electoral Commission and any other relevant public authority in relation to candidate safety during an election period.
(3) The Electoral Commission must keep the guidance under review and revise it whenever it considers appropriate.
(4) A returning officer must provide each validly nominated candidate with a copy of, or an electronic link to, the guidance as soon as reasonably practicable after the candidate’s nomination is accepted.
(5) For the purposes of this section, “election periods” means the period specified in section 90ZA (meaning of “election expense” of the RPA 1983).”
This new clause places a duty on the Electoral Commission to publish and maintain candidate safety guidance, and requires returning officers to provide it to candidates as soon as possible after their nomination has been accepted.
Clause 45 seeks to enhance the security of candidates by ensuring that candidates at UK parliamentary elections are able to receive appropriate and tailored security briefings from the police in a timely and effective manner. The clause makes provision for a new form to capture candidates’ contact details, which candidates will be able to complete and return with their nomination papers.
The returning officer will send the contact details to the relevant local police force or forces, so that they can contact the candidate to invite them to security briefings for the election or in case of emergency. Completion of the form will be optional and any submitted forms will be kept confidential. This is a simple and straightforward measure to improve the support that police forces are able to offer to candidates.
New clause 56, tabled by the Liberal Democrats, would require the Electoral Commission to publish and maintain guidance relating to candidates’ safety and security. It would also require returning officers to provide that guidance to candidates as soon as their nomination had been confirmed. The Government are clear that harassment and intimidation of voters, electoral staff and campaigners, both online and in person, is totally unacceptable and has a profoundly detrimental impact on our democratic process. Consequently, we are highly sympathetic to the goal that the new clause seeks to achieve; that is reflected in ongoing workstreams and measures already included in the Bill.
The Government and the Electoral Commission already have significant work under way in this area. The Joint Election Security Preparedness Unit is a permanent function dedicated to co-ordinating security and preparedness work ahead of electoral events. Prior to each election, JESP leads a comprehensive programme of work to ensure that candidates and election officials have the resources they need to feel safe and secure during the election, including updating security guidance for candidates and returning officers, and supporting returning officers to understand the support available to them at key potential flashpoints, such as polling stations.
Specifically, ahead of the upcoming May 2026 elections across England, Scotland and Wales, updated candidate security guidance was sent to returning officers and political parties in England and Wales for distribution to candidates in early January—earlier than previous years—to support parties to use the guidance in wider candidate training. Police Scotland has issued guidance to candidates standing for election to the Scottish Parliament.
The comprehensive Government guidance now covers how candidates should interact with Operation Ford, the personal security measures they should adopt and the cyber-security services available to them, as well as guidance on reporting online abuse to platforms. The updated guidance also includes a link to the National Protective Security Authority’s counter political interference and espionage action plan. The Ministry of Housing, Communities and Local Government has also hosted webinars for returning officers and electoral service managers in England, Wales and Scotland, to highlight the Government’s security offer across physical, cyber and information threats.
The Electoral Commission already regularly provides and updates guidance to candidates and returning officers. The commission has also updated its election security guidance for returning officers, and the wider gov.uk page has been updated. In partnership with the National Police Chiefs’ Council, the Crown Prosecution Service and the College of Policing, the Electoral Commission has also issued joint guidance specifically on harassment and intimidation.
However, we recognise that more can be done. That is why we are also working with the Electoral Commission and the Speaker’s Conference to develop an updated code of conduct for campaigning, and improved safety guidance for returning officers and candidates.
In the Bill, the Government will also make provision for candidates to complete an optional additional form when completing their nomination form papers. The purpose of that additional form is to allow candidates to provide their contact details to the returning officer, specifically so that the returning officer can then share those details with local policing. Once local policing has that information, the relevant force elected official adviser will make contact and arrange relevant security briefings for those candidates. I encourage all candidates to take up the opportunity of a security briefing at the earliest opportunity.
Given past and ongoing work by the Government and the Electoral Commission in this space, co-ordinating with the relevant policing authorities and providing guidance, the Government do not consider it necessary to place a statutory duty on the commission to perform such functions. For these reasons, and with these reassurances in place, I hope that new clause 56 will be withdrawn.
The Minister was right to go through a detailed explanation of clause 45, because it affects us all. As we come up to local elections across the country, it is absolutely right that—no matter what party we stand for, how many candidates we run or who those candidates are—we stand together and share the Minister’s encouragement and instruction that every candidate, where possible, should get their security briefing. People need to take their security as seriously as possible in these uncertain times.
Every Committee member will have been subject to some security threat at some point; as Members of Parliament, that is what we go through. It is a sad side of democracy. The measures in clause 45 are not only perfectly sensible but vital for the safety of all candidates, no matter what their party, what election it is or where they live or seek to represent.
We all know lots of people, particularly females, who are not standing in elections because they are concerned that they will not get the protection they deserve or want and that currently the system is not clear enough in making sure that police forces across the whole United Kingdom are working in the same way to provide briefings to candidates seeking election. An unfortunate side of that patchwork quilt is that, because of the sad and untimely passing—or, should I say, the murder—of two Members in the last few years, there is the unintended consequence that local election candidates are not considered to be as important or at the same level of risk as national candidates. But that is fundamentally untrue.
Clause 45 will ensure that when police officers get those forms, they take exactly the same action as others across the whole UK, and quickly get in touch with the candidates to give them security briefings. However, I have a concern—this is not because of a drawback in the legislation—that the Minister and the Department will need to make it very clear to police forces across the country that there is no time to wait. If a form is received from a returning officer in a local authority, there should be a statutory timeline for how quickly police officers get in touch with that official.
Today, two candidates in the Fareham borough elections have handed in their nomination forms to stand for election in May. One is a female who goes out campaigning, canvassing and leafleting by herself—I dearly hope that she wins—and the other is the leader of the council. There is no difference in their candidatures, and both of them should receive briefings as keenly, seriously and quickly as possible. I hope that the Minister can say something about the timescale between the form’s being submitted and the police force getting in touch with candidates.
Members are covered by Operation Bridger. How will the interactions of elected Members with Operation Bridger when we go into elections compare with how this form will affect local election candidates, but also us as Members of Parliament? How will that integrate with the House of Commons services, the Metropolitan police and local police forces?
I absolutely understand where new clause 56 is coming from. I know that the hon. Member for Hazel Grove has not spoken to it yet—I am slightly jumping the gun in interpreting what she and her party are trying to do—but the Electoral Commission already does the relevant work. Guidance is presented to local authorities and EROs across the UK. I worry that adding bureaucracy to the Electoral Commission through a statutory duty would have no effect on the physical approaches of police forces to candidates.
If there was an amendment to add a statutory duty on timescales, we might be able to work towards that on a cross-party basis; we might look into that on Report. However, I worry that having a statutory duty just on the Electoral Commission, when the responsibility is actually with local authorities, EROs and the police, will not make any tangible difference to the most important thing: the safety and freedom of candidates in going about their business and seeking to represent the areas they care about. We do not support new clause 56, although the hon. Member for Hazel Grove will give her oration on why we should support it shortly.
I am sorry for taking time, but I want to go back to clause 45. It is really important that all parties represented in this Committee stand with the Minister in making something very clear, as we come up to national elections in the next eight weeks or so; I am sure that all of us will be out on doorsteps over the Easter break to support our various candidates in winning our various councils. Regardless of the fact that this legislation will not have passed by then, parties must approach their local police forces and electoral returning officers and get that security brief. I wish them all luck as we go to the ballot box on 7 May.
Lisa Smart
The Liberal Democrats welcome clause 45, but I will speak particularly in favour of new clause 56, in the name of my hon. Friend the Member for Guildford, regarding the duty of the Electoral Commission to provide candidate safety guidance. My hon. Friend the Member for Guildford was a member of the Speaker’s Conference, which looked at the safety of candidates in elections. It did a huge amount of very detailed work and came up with some really strong recommendations. We should all be grateful to those who served on it.
New clause 56 is quite a straightforward proposal. We sadly live in times where candidates—those standing both in national elections and in local elections—too often face abuse and hostility. The hon. Member for Hamble Valley was entirely right to talk about Operation Bridger, while Operation Ford works with candidates for local elections. Those are both really big steps forward in recent years towards helping candidates know what support is out there, and helping police forces know what their duties and responsibilities are and what good looks like. There is real inconsistency between police forces about how they treat the activity that none of us wants to see in elections, including hostility and abuse both online and offline.
My hon. Friend the Member for Guildford tabled the new clause to introduce consistency. The Electoral Commission is a national body, and it can make the point to police forces and others about what their roles and responsibilities are. Political parties can support their candidates, but not all candidates represent a political party, so there is inconsistency in that regard. Some parties are newer than others, and do not have the experience necessarily of some of the spikier sides of election campaigning.
New clause 56 would place a duty on the Electoral Commission to publish and maintain candidate safety guidance. It would require returning officers to provide it to their candidates as soon as possible after their nomination has been accepted. I take the point about the level of bureaucracy it could introduce, but if it is one set of guidance for all candidates standing in local elections, I do not believe that is an excessive amount of bureaucracy. Providing it would ensure that all candidates in elections have access to consistent and quality guidance. The proposal is supported by the Jo Cox Foundation, which was set up after the absolutely horrific murder of a Member of Parliament. The foundation knows of what it speaks, and recommended in its evidence to the Committee that we look at this. I encourage the Committee to support the new clause, and I am grateful to my hon. Friend the Member for Guildford for tabling it.
I deeply appreciate the warmth that Members have shown for these measures. As someone who also served for a short time on the Speaker’s Conference and having experienced harassment myself, as many on the Committee have, I know that this is an important measure that will protect our candidates. Operation Ford is a great step forward, but I reassure the hon. Member for Hamble Valley that we do not stand still in this sphere. The work of the joint election security and preparedness unit, the defending democracy taskforce, Operation Ford and Operation Bridger does not rely on this legislation. That continues constantly, and not just during elections.
I sincerely apologise for interrupting the Minister’s oration. Clause 45(2) states:
“The returning officer must give a copy of the police contact form to the relevant chief officer of police (or, if there is more than one, to each such officer) as soon as practicable after publication of the statement of persons nominated.”
We agree with that and absolutely understand her intention. She may be about to answer this, but would she consider either writing to me or addressing this afternoon whether, on a cross-party basis, we could support strengthening the paragraph to include a statutory timescale for a form to be handed to a police force? Would she look favourably on tightening that element and, if so, could we meet after the Committee to see if that could be amended on Report?
I thank the hon. Member for his suggestion, which I will take away and consider carefully. I would not want to hamper the passage of information in any respect, and I would want to think through carefully with officials whether such a timescale would do that.
I absolutely understand the sentiment and ambition behind new clause 56. However, the Government do not support it because we believe a non-statutory approach gives us flexibility. The nature of political campaigning is changing very fast, and to oblige a code of conduct in a statutory framework would not leave us—or the Speaker’s Conference and the Electoral Commission—the flexibility to respond to new and emerging forms of political campaigning. We need to respond promptly and swiftly, and to freeze something in a statutory aspic may have the unintended consequence of not enabling us to do that. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 45 accordingly ordered to stand part of the Bill.
Clause 46
Calling out and completed corresponding number lists etc
Question proposed, That the clause stand part of the Bill.
Clause 46 removes the unnecessary and outdated requirement for polling station staff to call out the name and elector number of a voter when delivering a ballot paper. This change will bring Northern Ireland in line with practice in Great Britain. This practice can be intimidatory and unwelcome for voters, and its removal is in line with the Government’s wider commitments to tackle harassment and intimidation in the democratic process.
Calling out is also unnecessary given the requirement to produce photo ID at polling stations in Northern Ireland. This change will apply to all elections in Northern Ireland. The clause will also make some technical amendments to ensure that legislative references to the corresponding number list are correct. I commend the clause to the Committee.
Question put and agreed to.
Clause 46 accordingly ordered to stand part of the Bill.
Clause 47
Voter identification requirements
I beg to move amendment 10, in clause 47, page 60, line 18, at end insert—
“, and
(iii) shows when the card expires (see also paragraph (1NA)).”
This amendment and Amendment 11 provide that a payment or cash withdrawal card can only be used as voter identification if the card shows when it expires and has not expired.
The Chair
With this it will be convenient to discuss the following:
Amendment 30, in clause 47, page 60, line 18, at end insert—
“(iii) is issued subject to a search of a consumer’s credit file conducted in connection the issuance of the bank card, which is recorded on the individual’s credit file, and visible to other lenders.”
This amendment would ensure that only bank cards that are issued subject to a search of a consumer’s credit file conducted in the way set out in the amendment would be able to be used as voter ID.
Government amendments 11 to 13.
Clause stand part.
New clause 19—Repeal of voter identification requirements—
“(1) In the Elections Act 2022 omit section 1 (voter identification).
(2) In the Elections Act 2022 omit Schedule 1.
(3) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(4) In rule 37 (voting procedure), omit paragraphs (1A) to (1G).”
This new clause repeals the provisions of the Elections Act 2022 that introduced the requirement for voters in Great Britain to produce photographic identification at polling stations. It is linked to Amendment 22.
I will speak to clause 47 before turning to Government amendments 10 to 13. I will then respond to amendment 30, tabled by the Opposition, and new clause 19, tabled by the Liberal Democrats.
As set out in our manifesto, the Government are committed to encouraging participation in our democracy. We believe it is unacceptable for legitimate voters to be prevented or discouraged from voting, and any barriers to voting must be addressed. While we believe it is appropriate to retain the requirement to show ID to protect electors from the risk of personation, the current voter ID rules are too restrictive. Research has consistently shown that between 2% and 4% of electors report not owning a currently accepted form of ID, and thousands of electors have been recorded being turned away from polling stations due the policy.
Clause 47 will amend the voter ID rules to allow the use of UK-authorised bank cards at the polling station. These are widely held and our research estimates that allowing their use will bring the number of electors reporting not owning an accepted ID to under 1%. This significant step will greatly improve the accessibility of this policy and support democratic participation.
The clause will also make changes to modernise the legislation with regards to digital forms of ID. The measure will require that any digital ID must be verifiable by a visual inspection feature in order to be accepted at the polling station—for example using a digital hologram. All currently accepted digital IDs have such security features. This change will ensure that any new digital ID without such a feature will not be accepted and so not create a new route for electoral fraud. Finally, this clause amends existing and creates new powers to make regulations relating to voter ID.
Together, the measures will ensure that our elections continue to maintain a proportionate voter ID check to prevent the risk of personation, while allowing a greater proportion of legitimate electors to more easily meet the voter identification requirements and engage in our democratic system.
Government amendments 10 to 13 ensure that only in-date bank cards are accepted as Voter ID at the polling station. Allowing UK-authorised bank cards to be used as voter ID will allow a greater proportion of legitimate electors in Great Britain to more easily meet the voter identification requirements, particularly newly enfranchised 16 and 17-year-olds. However, improving accessibility and participation in our elections must be carefully balanced with the need to maintain their security and integrity.
An in-date bank card is likely to be kept carefully by its owner and unlikely to be discarded or given to others. However, unlike an expired photographic document, which is unlikely to be usable by anyone other than the legitimate owner due to the photograph, there is a risk that an expired bank card might be discarded, given away, or not noticed missing by the owner, as it no longer poses a financial risk. It therefore makes sense for photographic ID on the accepted list to continue to be able to be used as voter ID after it expires, so long as the photo remains a good likeness to the individual, but for a bank card to need to be in date in order to maintain the security of the policy. The amendments will make that change.
The amendments will also allow that if further types of non-photographic documents are added to the list of permissible forms of ID in the future, the same requirement that they be in date can be imposed. I commend the clause and the Government amendments to the Committee.
Dr Chowns
I am very much aware of time, of which the hon. Member has had a lot. I know that people are keen to move on, so I would like to complete my remarks.
Out of all allegations of electoral fraud in the 2019 elections, only 33 related to personation fraud at the polling station—that is, 0.000057% of the over 58 million votes cast in all elections that year. Only one instance resulted in a conviction and one in a caution. Following the 2023 local elections, the cross-party democracy and the constitution all-party parliamentary group inquiry concluded that voter ID is
“a ‘poisoned cure’ in that it disenfranchises more electors than it protects”.
That inquiry found that voter ID brings with it a risk of injustice and highlighted that there is no immediate right to appeal for those who have been denied a ballot.
For those and other reasons, Labour Ministers should be scrapping the voter scheme in its entirety—not least because that would be consistent with their own opposition to the 2022 Act at the time. Labour tabled a reasoned amendment at the time, which was very good, and cited the creation of unnecessary barriers to entry for voting as one of the reasons for opposing Johnson’s anti-democratic legislation.
During that debate, the then shadow Minister, the hon. Member for Putney (Fleur Anderson), said the voter ID proposals are
“simply not proportionate to the risk of voter fraud.”
The hon Lady was right—as she was when she went on to flag that
“the significant staffing and financial impact was disproportionate to the security risk of voter fraud.”
She was also right when she said:
“Even if one person lacked their ID to vote, that should be a reason to rethink this Bill entirely.”––[Official Report, Elections Public Bill Committee, 7 September 2021; c. 261.]
We know that the requirement for voter ID has had a chilling effect on turnout. Statistics from the Electoral Commission have already been cited, so I will not repeat them. As we heard in oral evidence, Democracy Volunteers pointed out that those official statistics are likely a significant underestimate, because of all the people who do not even get to the clerk before they are turned away.
I hope the Minister will reconsider and adopt new clause 19, scrapping voter ID entirely, consistent with her party’s previous position. If not, I hope she will, at the very least, commit to ongoing monitoring of its impact, given the serious concerns about it. The Electoral Reform Society points out that the impact of the voter ID requirement is not currently being monitored at local elections, and that the next general election will be the last at which monitoring is required under the law as it stands. If we have just one more data point, we will not know whether the changes in clause 47 that the Government hope to introduce will have the desired effect, or whether improvements—such as scrapping this Tory scheme in its entirety—need to be made.
Evidence from the Electoral Commission suggests that some groups were particularly likely to have a problem voting, including disabled or unemployed people, and those from certain demographics. Evidence indicates that more deprived areas have a higher proportion of voters turned away compared with less deprived ones. If the Government refuse to scrap voter ID entirely, it is essential that the impact of voter ID requirements continues to be monitored and that data is collected, so that we can understand whether there is an indirect discrimination effect in how this policy affects voters.
Finally, several improvements have been suggested by a number of people, through oral and written evidence—including the Electoral Commission—for other mechanisms of widening accessibility and replacements for voter ID. I hope Ministers will consider the inclusion of poll cards as ID, given the good evidence that that lowers the percentage of voters turned away. Consideration should also be given to statutory declarations to allow provisional ballots to be cast and later verified, so that any failure to provide the required documentation can be cured. I am also sympathetic to calls for vouching to be allowed, which I believe is also one of the Electoral Commission’s recommendations.
I very much hope that the Minister will approach further measures to improve the accessibility of voting with an open mind, and ensure that we monitor the impact of what I feel has a repressive effect on our democracy. I look forward to discussing the far more pressing challenges to the security and integrity of our democracy as we come to later parts of the Bill.
I have to say that I find it quite shocking to hear Members of the official Opposition supporting the exclusion of thousands of eligible voters from the polling station. That really is shocking. This proposal represents a broadening and an enhancing of the voter ID system so that those eligible can cast their vote. It is a very simple principle. I must correct the shadow Minister: there was support for this measure from the Electoral Reform Society, which said that
“Allowing IDs like bank cards and digital ID, which voters are likely to be carrying on them, will help voters who do not have access to the other accepted forms of ID and make it easier for all voters on the day.”
That is the point.
(5 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
With this it will be convenient to discuss:
Government amendments 14 to 17.
Schedule 3.
New Clause 40—Expired postal votes—
“(1) The Representation of the People Act 2000 is amended as follows.
(2) In Schedule 4, paragraph 3 (Absent vote at elections for a period) after sub-paragraph (5) insert—
‘(5A) In the case of a person whose entitlement to vote by post at elections of the kind in question has expired, the registration officer shall make available, upon request from a registered political party, that person’s details as supplied to the registration officer in his application to vote by proxy at parliamentary elections.’”
This new clause would give registered political parties access to data on expired postal votes.
I will speak first to clause 48 and associated schedule 3, before addressing Government amendments 14 to 17 and new clause 40, tabled by the Opposition.
The current legislative framework for absent voting was designed for a very different electoral landscape. Today, far more people vote by post; supply chains and administrator resources are under greater pressure; and expectations around reliability and timely delivery have changed. Developed in consultation with the electoral sector, clause 48 modernises and strengthens the absent voting system to reflect those realities. It streamlines administration, gives electors greater flexibility and ensures that safeguards around the integrity of absent vote applications remain robust.
These measures will enable postal voters to take part in elections with confidence, by helping to ensure their ballot is issued and delivered in good time, while allowing a switch to voting in person or by emergency proxy if their ballot is delayed. They will not apply to Northern Ireland because of the different absent voting regime there and the stricter security requirements around absent voting, which are a result of the history of electoral fraud in Northern Ireland.
Setting clearer rules and deadlines will give electoral administrators the confidence and certainty needed to manage their workload effectively and keep the absent voting system running smoothly at the most demanding points in the electoral timetable. The integrity of our elections is of paramount importance. The clause also strengthens safeguards in the absent voting system by clarifying identity verification requirements, and introduces a clear statutory determination deadline for identity verification. I commend the clause to the Committee.
Government amendments 14, 15 and 16 remove a regulation-making power that the Office of the Parliamentary Counsel has advised is unnecessary. The Bill already provides that a proxy with a long-term proxy postal voting arrangement can make temporary arrangements for a particular poll without affecting that long-term arrangement. Where a proxy instead applies for a proxy postal voting arrangement for a particular election, the correct outcome is that the long-term arrangement is cancelled. That is the policy intention, and the Bill already delivers that without the need for regulation-making powers. The amendments therefore simplify the legislation, remove redundant provisions and ensure the law operates clearly and consistently for electoral administrators.
Government amendment 17 ensures consistency between the absent voting regime and the proxy voting offences in section 61(1A) of the Representation of the People Act 1983. The Bill already allows someone who has applied to be registered, and is only awaiting the end of the objections period, to be treated as a person who “will be registered” for absent voting purposes. Without the amendment, that same person could be granted a proxy vote but might not be legally capable of committing the offence of acting as a proxy for too many electors if they knowingly breached the proxy limits. The amendment closes that gap, reflects the advice of the Office of the Parliamentary Counsel and ensures that the law operates clearly, consistently and as intended. I commend the amendments to the Committee.
New clause 40 seeks to require electoral registration officers to share information with political parties about electors whose postal voting arrangements have expired. While supporting voter participation is important, the Government do not consider the new clause to be workable, proportionate or necessary. As drafted, it does not provide access to postal vote expiry data itself; instead, it links disclosure to details supplied in proxy vote applications for parliamentary elections, which is not how postal voting arrangements are recorded or renewed in practice.
Most postal voters will never have applied for a proxy vote. As a result, for many electors whose postal vote has expired, there would simply be no proxy application data to disclose, meaning that the new clause would not achieve its apparent policy aim. There is also a clear mismatch in scope. The new clause refers to postal vote expiry for
“elections of the kind in question”
but limits disclosure to proxy applications made for parliamentary elections, significantly narrowing and distorting the dataset that would be available.
A question of principle is also at stake. Electoral registration officers already have a legal duty to notify electors directly about when their postal voting arrangements are due to expire and to provide them with information about how to make a fresh application to vote by post. That ensures that voters are informed at the right time without reliance on third parties.
Lewis Cocking (Broxbourne) (Con)
When postal voters are notified by their local authority that they are about to drop off the roll, does the Minister agree that they should not always be encouraged to do that online? Some people who have postal votes do not want to make online applications. Does she also agree that they should be sent a fresh application from the council, with a freepost envelope for its return, so that they can keep their postal votes?
I thank the hon. Gentleman for his question. It is appropriate for electoral registration officers to use their discretion in the circumstances that he describes. They can do that already, and should continue to do so, rather than the Government prescribing the route that they should follow.
Finally, requiring electoral registration officers to respond to ad hoc requests from political parties, alongside their existing statutory write-out duties, would impose a substantial and unnecessary administrative burden. For those reasons, the Government cannot support new clause 40.
Good morning, Dr Allin-Khan, and good morning to members of the Committee. I suspect that by the end of today I am going to have a super tan, given that sun coming through the window. Thank you to Joe for sorting out the blinds.
I rise to speak to new clause 40 in my name and to talk briefly to clause 48. As the Minister has outlined, the new clause would give registered political parties access to data on expired postal votes. As the Minister said, clause 48 would give effect to schedule 3, which makes various changes to absent voter arrangements. If a voter cannot get to the polling station on the day of the election, they can apply for an absent vote. The Minister has outlined in comprehensive detail the minor amendments to the clause that she has brought to the Committee, and we have no problem with those.
The Electoral Commission’s report, however, on the 2024 general election recommended that postal voting
“should be reformed to improve the service for voters and strengthen resilience”
within the system. The Association of Electoral Administrators has called for a longer electoral timetable, including for UK Parliament elections, and for earlier absent voting deadlines, set at 16 working days before polling day. The explanatory notes to the Bill note the intention to move the postal vote application deadline in Great Britain to three days earlier in the electoral timetable, which will be from 11 to 14 working days before the poll. The Elections Act 2022 introduced a series of measures to tighten the security around postal voting, which included providing that postal vote applications expire after three years. That was to stop the scope for postal vote fraud and error.
However, one of the unintended consequences of that change, which we now recognise with concern, is that the Government have not provided for political parties and elected representatives to have access to postal vote expiry data. Political parties already have access to lists of postal voters, and as the 2022 Act provisions start to bite we are seeing a large drop-off in the number of registered postal voters. It is our belief that all parties should be able to recruit postal voters because of that huge drop-off.
I was talking to my hon. Friend the Member for Broxbourne earlier about how, in some areas of my constituency, postal vote drop-off levels are sitting at around 35%. We think that the Government should allow political parties to have access to data in order to play their part in postal vote recruitment if someone has dropped off. The Government have refused to amend the law to allow that, and Labour Ministers have admitted that the Government do not track the number of postal vote renewals or expiries. Amending the law in this way would be a simple step to support democratic engagement and turnout, and provide a level playing field for all parties. There would be no detriment to data protection rights, given that political parties already have access to who has a postal vote.
It is not for me to argue with parliamentary counsel—I would never do so—so I take the steer of officials at the Minister’s Department about the scope of the clause. However, I look for reassurance that the Minister will come back to the Committee about the general principle of allowing political parties access to the drop-off data; we may return to this issue at later stages. All parties, regardless of their infrastructure and machinery across the country, should be able to help the Government by playing their part in increasing the uptake of postal votes if those often vulnerable and elderly people have dropped off.
I have come back to Parliament for a rest after campaigning in the local elections for two weeks, as I suspect most Committee members have. I met many people who did not know that they had dropped off, which is unfortunately an unintended consequence of the legislation that the last Government passed. If the Minister can give a commitment to write to me about how we can amend the Bill to allow parties access, I will be content not to press new clause 40 to a Division. I would like to hear what the Minister has to say.
I thank the hon. Gentleman for his comments; I understand the points he makes. There is a statutory duty for EROs to notify postal voters that their postal vote is due to expire at the end of January that year, and they will be contacting them. The Government’s view is that there needs to be a proportionate approach that does not add a burden in what is already a busy time for EROs. But I will write to the hon. Gentleman to set out current Government thinking in light of his remarks.
I thank the Minister for that reassurance and I look forward to her letter. The Opposition still think that political parties have a role. Because many elected representatives have access to the electoral roll, we get monthly updates; I know that that is different from what happens in an election period, and I understand that the Minister is concerned about proportionality and the burden placed on election officials. However, we believe that political parties have a role and a right to be able to see the drop-off data. However, for the smooth running of the Committee and to make progress, I will not press new clause 40 to a Division.
Question put and agreed to.
Clause 48 accordingly ordered to stand part of the Bill.
Schedule 3
Absent Voting
Amendments made: 14, in schedule 3, page 118, leave out lines 19 to 23.
See the explanatory statement for Amendment 15.
Amendment 15, in schedule 3, page 119, line 7, leave out from “election” to end of line 8.
This amendment and Amendments 14 and 16 remove a redundant regulation-making power and associated provision. The power would have allowed for provision to be made about circumstances in which a proxy’s long-term postal voting arrangement must be preserved when the proxy is granted a postal voting arrangement for a particular poll.
Amendment 16, in schedule 3, page 119, leave out lines 11 to 13.
See the explanatory statement for Amendment 15.
Amendment 17, in schedule 3, page 123, line 37, at end insert—
“20A In section 61 (voting offences other than personation), after subsection (1A) insert—
‘(1B) In subsection (1A), a reference to P being a person who will be registered includes P being a person who has applied to be registered where there is no reason not to register P other than the fact that the objections period has not ended.
(1C) In subsection (1B) “the objections period”, in relation to an application for registration, means the period prescribed under section 10ZC(2) (in relation to Great Britain) or 10A(3) (in relation to Northern Ireland) for making objections to the application before it is determined.’”—(Samantha Dixon.)
This amendment ensures that certain offences in section 61(1A) of the Representation of the People Act 1983 relating to the appointment of proxies apply to the expanded category of people who “will be registered” for the purposes of the absent voting rules.
Schedule 3, as amended, agreed to.
Clause 49
Power to obtain election-related information etc
Question proposed, That the clause stand part of the Bill.
As set out in our manifesto, the Government are committed to encouraging participation in our democracy. To achieve that, it is essential that electors are kept well informed about elections and referenda in their local area and about other pertinent information, such as the candidates running and the locations of polling stations. The clauses will enable us, in conjunction with the Electoral Commission, to improve online information services to provide that information to the public. Although the information is already available to electors, that service will help ensure that electors have access to consistent and complete information via a central service. The information that election officers may be required to provide will be limited to factual information about the poll and will not include details on the policies of candidates or political parties.
Clause 49 will create a new power for the Secretary of State to require returning officers, counting officers, petition officers and electoral registration officers to share specified information relating to elections and referenda. The Secretary of State can require the information to be shared with the Department, the Electoral Commission or both.
Clauses 50 and 51 specify which officers can be required to provide information, and for which types of elections and referenda. That power will be exercised via secondary legislation, so the exact details of the information required and processes for sharing it will be confirmed in due course. At this stage, our ambition is that the information will be collated by the Electoral Commission and shared with the public via its website. Electoral administrators will be supported to provide the required information and for electors to provide their location to quickly find the most relevant information. This is a straightforward and proportionate measure that we believe will greatly improve the electorate’s access to information and support increased engagement.
I thank the Minister for that explanation. Around the country, many enthusiasts for democracy, such as myself, will be shaking with excitement about being able to find all the information in one place. Frankly, I cannot understand why we have not moved to such a system before, and I am happy to credit the Minister for her foresight in bringing forward such a forward-thinking proposal.
Even in the last week, candidates were desperately trying to find out who had been nominated in their counties or boroughs at various stages. The information was supposed to be published at 4 o’clock on the Thursday or Friday, but Hampshire county council had not published the information in time. Such things are important for people participating.
What is particularly welcome in these clauses is the fact that people who have various disabilities will be able to access the support available. Many constituents knocking on doors in the last few weeks have raised questions about the support that they might want. Having a single place where somebody can just stick in their postcode, or where they live, and have access to information about the local or national election that they are entitled to participate in is a very good thing. We will not contest the clauses. We think they are a very good move for elections.
I agree; we should remove all barriers to electors participating in elections. I thank the shadow Minister for describing how those barriers are in effect.
Question put and agreed to.
Clause 49 accordingly ordered to stand part of the Bill.
Clauses 50 and 51 ordered to stand part of the Bill.
Clause 52
Effect of the death of the Sovereign on certain elections and referendums
The clause and schedule 4 ensure that in the event of the demise of the Crown, effective and consistent processes are in place for scheduled local elections and other polls, including mayoral elections, local referendums and Northern Ireland Assembly elections, as is already the case for a parliamentary general election. In the event of the demise of the Crown, if a UK parliamentary general election is taking place, legislation provides for a 14-day pause in the timetable for the general election to allow time for public mourning and the funeral arrangements, and the date of the poll is moved to after the date of the funeral. Different provisions are in place for other types of polls.
We believe that the 14-day pause in proceedings used for UK parliamentary general elections is the most appropriate arrangement, so the clause extends those provisions to a number of other types of election and referendum, including parliamentary by-elections, scheduled local elections, London Assembly elections, mayoral elections, local referendums and Northern Ireland Assembly elections. The measures also apply to certain Welsh elections in specific circumstances, when they are combined with UK parliamentary or police and crime commissioner elections.
A royal proclamation may already adjust the date of a postponed poll for a UK parliamentary general election by up to seven days. Under the Bill, when such a proclamation is made, any other polls combined with the general election will also move so that they remain combined. The Bill also creates an equivalent ministerial power to adjust postponed polls that are not UK parliamentary general elections by up to seven days. The provisions will ensure that consistent and appropriate provisions are in place for polls being held in such circumstances. I hope that Members will support the measure.
Question put and agreed to.
Clause 52 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 53
Form of documents for elections and referendums
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Government amendment 18.
Schedule 5.
The clause, schedule 5 and Government amendment 18 deal with parliamentary processes used to update various forms. A range of prescribed electoral forms are set out in legislation, including poll cards, nomination forms and ballot papers. The rules for each type of poll, be it UK parliamentary, mayoral or local government, are set out in separate pieces of legislation. Each set of rules includes a full set of forms, despite the content of each prescribed form being almost entirely the same from one type of election or referendum to the next, so even a minor amendment to a form results in significant duplication across legislation, which is hugely inefficient.
That process is made even more difficult by different parliamentary procedures being required to update the forms in the different pieces of legislation. A good example of that is the recent legislation to add a veteran card to the list of accepted voter ID. That simple addition required an a affirmative instrument to be debated in both Houses to make the change for UK parliamentary elections, a negative instrument replicating the changes for local elections, and a third no-procedure statutory instrument making the same changes to Welsh language forms. That one small change therefore resulted in three instruments and more than 171 pages of legislation.
To reduce the unnecessary burden on parliamentary time, the clause makes a number of streamlining changes and amends the powers in the Representation of the People Act 1983 to allow the forms to be updated far more efficiently. The sector and stakeholders have been asking for this change, which will allow a relatively small but none the less important consolidation of electoral law.
Government amendment 18 is a purely technical change designed to ensure that the Bill operates as intended. It corrects a minor drafting error relating to the proposed changes to improve how electoral forms are updated. It is a routine correction identified during the drafting process and does not affect the Bill in substance. I commend the amendment, clause 53 and schedule 5 to the Committee.
Question put and agreed to.
Clause 53 accordingly ordered to stand part of the Bill.
Schedule 5
Form of documents for elections and referendums
Amendment made: 18, in schedule 5, page 135, line 5, leave out “and (2)”.—(Samantha Dixon.)
This amendment corrects an error by removing a reference to regulations made under rule 8(2) of Schedule 1 to the Representation of the People Act 1983 from provision about the parliamentary procedure applying to certain regulation-making powers under that Act. Rule 8(2) does not confer power to make regulations.
Schedule 5, as amended, accordingly agreed to.
Clause 54
Removal of requirement to publish election agents’ addresses
Question proposed, That the clause stand part of the Bill.
Harassment and intimidation of voters, electoral staff and campaigners, both online and in person, is totally unacceptable and has a profoundly detrimental impact on our democratic process. We want as many people as possible to engage in our democracy, but sadly there are some who seek to deter involvement through abuse and intimidation.
Candidates already have the option to keep their home address from being published on the statement of persons nominated and on ballot papers, but a requirement remains for candidates who act as their own election agent to have their home address published on the notice of election agents. We are removing this requirement, enabling candidates in this position to provide a correspondence address to be published instead of their home address. We are also extending that option to all election agents. These changes will ensure that those who take part in our democracy can feel safe and secure in their home. I commend the clause to the Committee.
We welcome clause 54, which, as the Minister outlined, will allow candidates acting as their own agent to remove their home address from publication requirements. I reiterate what the Minister said: intimidation and harassment during any kind of political campaign is unacceptable. We had a very good cross-party debate on harassment in the last sitting of the Committee.
These measures seem very sensible, but I would like the Minister to address something that has just come to me, so is almost guaranteed to be nonsense. When a correspondence address has been given, if impropriety has been found to have occurred in the return of election expenses by either an agent or a candidate, might there be unintended consequences in terms of the paper trail and how that person can be found? For example—the Minister will be aware that this is slightly out there—if a dummy corporation sets up a correspondence address through a PO box, how can we ensure that the agent is held to account through an investigation? The Minister can write to me on that. It just came to me, so I am not expecting an answer now. Other than that, I think the clause is perfectly sensible, and we will not contest it.
The hon. Gentleman makes an important point. Election agents could use a PO box as a correspondence address, but not as their office address. I hope that gives him the reassurance that any agent behaving inappropriately would be findable.
Question put and agreed to.
Clause 54 accordingly ordered to stand part of the Bill.
Clause 55
Leave to pay late and disputed expenses claims
Question proposed, That the clause stand part of the Bill.
To prevent attempts to circumvent spending limits, current rules require campaigners to seek permission from the courts before they are able to pay invoices late. In practice, most late or disputed claims are delayed due to routine administrative issues. The Electoral Commission has said that the court-based process for leave to pay applications is inefficient and costly, delaying prompt payments and placing unnecessary burdens on campaigners, the courts and suppliers, especially small businesses.
Clause 55 addresses those inefficiencies by transferring responsibility for granting leave from the courts to the Electoral Commission. The commission will be able to give permission to campaigners to pay late or disputed claims. It is right that such decisions are made by the specialist regulator of political finance. By transferring that function to the commission, the clause will reduce unnecessary bureaucracy, support both suppliers and campaigners, and maintain the integrity and transparency of the broader campaign finance framework.
Question put and agreed to.
Clause 55 accordingly ordered to stand part of the Bill.
Schedule 6 agreed to.
Clause 56
Delivery and inspection of returns and declarations
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Schedule 7.
Clause 57 stand part.
New clause 47—Commencement of section 9(2) of the Political Parties and Elections Act 2009—
“(1) Within three months of the passing of this Act, the Secretary of State must exercise the power in section 43(1) of the Political Parties and Elections Act 2009 to bring into force section 9(2) of that Act (declaration as to source of donation).
(2) This section comes into force on the day on which this Act is passed (and section 80 is to be construed accordingly).”
This new clause requires the Secretary of State to exercise the power to commence section 9(2) of the Political Parties and Elections Act 2009 which inserts section 54A into the Political Parties, Elections and Referendums Act 2000, which requires declarations to be provided as to the source of donations.
New clause 48—Offences relating to election expense returns: reduction in threshold—
“(1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.
(2) In section 83 (declaration by treasurer as to return relating to campaign expenditure), in subsection (3)(a), for ‘knowingly or recklessly makes’ substitute ‘knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making’.
(3) In section 123 (declaration of responsible person as to return relating to referendum expenditure), in subsection (4)(a), for ‘knowingly or recklessly makes’ substitute ‘knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making’.”
This new clause reduces the threshold for two offences in the Political Parties, Elections and Referendums Act 2000 so that where false declarations are provided in relation to election expenses an offence is committed if they have reasonable grounds for knowing or suspecting that they are making a false declaration.
New clause 49—Declaration as to source of donation: reduction in amount—
“In section 54A of the Political Parties, Elections and Referendums Act 2000 (declaration as to source of donation)—
(a) in subsection (1), for ‘£7,500’ substitute ‘£500’;
(b) in subsection (2)(B), for ‘£7,500’ substitute ‘£500’.”
This new clause would require any donation above £500 to be accompanied by a declaration as to its source (rather than the current minimum of £7,500).
New clause 50—Penalties for false declarations—
“(1) Schedule 20 to the Political Parties, Elections and Referendums Act 2000 (penalties) is amended as follows.
(2) In the entry for section 54A(5) (making a false declaration as to source of donation), in the second column, for ‘1 year’ substitute ‘3 years’.
(3) In the entry for section 83(3)(a) (making a false declaration to Commission when delivering return), in the second column, for ‘1 year’ substitute ‘3 years’.
(4) In the entry for section 123(4)(a) (making a false declaration to Commission when delivering return), in the second column, for ‘1 year’ substitute ‘3 years’.”
This new clause raises the maximum penalties for submitting false declarations from 1 year’s imprisonment upon conviction on indictment to 3 years’ imprisonment upon conviction on indictment.
Under current rules, candidates or their election agents must deliver a return and declaration and any accompanying documents relating to their election expenses to the returning officer. To supplement the extension of the Electoral Commission’s enforcement role, clause 56 will require candidates or their election agents also to deliver a copy of the return and declaration and accompanying documents to the Electoral Commission. Those incurring expenditure in relation to candidates and recall petition campaigners will likewise be required to deliver copies of relevant returns and declarations to the commission.
That will ensure timely receipt of returns and declarations by the Electoral Commission, which is essential to its ability to perform its new regulatory functions quickly, scrutinise returns and deal with those not complying with the rules. The Electoral Commission will also have new responsibilities for making candidate returns and declarations available for public inspection, promoting transparency by facilitating the collection and publication of data on candidate finance in a single source. Allowing the Electoral Commission to prescribe a form of return that campaigners must use will also help campaigners comply with reporting requirements and facilitate scrutiny of returns.
Turning to clause 57, the Electoral Commission has existing duties to monitor and secure compliance with the expenditure and donations rules set out in PPERA, as well as other enactments promulgating rules concerning candidates or their election agents. To enable it to perform those duties effectively, it also has powers to make regulations relating to information that must be included in donations reports that are required under these pieces of legislation.
A number of points have been made, which I thank hon. Members for. I can reassure the shadow Minister, the hon. Member for Hamble Valley, that we have worked closely with the Electoral Commission on these proposals. All my officials talk to the Electoral Commission constantly, so its capacity to take this on board is understood.
In terms of consultation, we always work with the parliamentary parties panel. However, as I was coming into this position, I reached out to all the leaders of the opposition parties and invited them to come to talk to me about the Bill prior to its Second Reading. Not all took up the offer; however, I was pleased to meet those who did.
Turning to the point about the two sets of returns, it is still important to address the point raised by the shadow Minister and the hon. Member for North Herefordshire. It is important for returning officers to receive returns and declarations, because having those available for inspection at the local level remains an important part of our democracy. I would not want to see that taken away. That is why we are proposing both the EC and returning officers receive them.
On new clause 47, the Government fully recognise the importance of greater transparency over the source of political donations, and we are already taking that forward. Work to activate donor source declarations is underway as part of our wider political finance reforms, and the Government have been clear that those measures will be delivered in this Parliament. The new clause would not change our direction or add new policy substance. I understand that the hon. Member for Hazel Grove is eager to see this implemented quickly, and I want to reassure the Committee that this is a Government priority. However, imposing a fixed deadline risks cutting across the careful sequencing needed to implement reforms coherently.
We need to align commencement with the broader package, ensuring that guidance and systems are ready, and give campaigners proportionate lead-in time. That speaks to the point made by the shadow Minister that this is about not just the established parties but smaller parties as well. A rigid statutory date risks poorer implementation without adding any new substance to what the Government are already delivering. Our approach is to activate donor source declarations in step with the wider package in the Bill, so that parties can have clear and workable rules and the Electoral Commission is operationally prepared. On that basis, I hope the hon. Member will feel able not to push the new clause to a vote.
New clause 48 seeks to lower the criminal threshold for two political finance offences so that a party treasurer or a responsible person would commit an offence when it could be proven that they had
“reasonable grounds for knowing or suspecting”
that a declaration accompanying a campaign or referendum expenditure return was false. Currently, prosecutions for such offences are possible only when it can be proven that the offender “knowingly or recklessly” makes a false declaration. That threshold was designed to reflect the seriousness of criminal liability and ensure that sanctions target deliberate and clearly irresponsible wrongdoing.
The Government welcome Philip Rycroft’s comprehensive and well-reasoned report on foreign financial interference in our democracy, which includes relevant recommendations in this space. Any proposal to amend the knowledge test for relevant offences will need to be considered with great care to ensure that party treasurers and responsible persons are not unduly exposed to potential criminal sanctions for administrative errors or inadvertent admissions. It is also important to consider the political finance regime in the round to avoid amendments creating inconsistencies between parts of the statutory framework.
The Rycroft review provides a valuable basis for broader consideration and the Government are actively working through its recommendations to ensure that political finance rules and their enforcement remain proportionate, coherent and fit for purpose. For those reasons, although we do not support new clause 48, we will continue to assess the review’s findings carefully and will set out a full Government response, including whether making further amendments to the Bill would be appropriate. Given that reassurance, I hope the new clause will not be pressed.
The integrity of political finance depends on measures that are both effective and proportionate. That is why the Bill introduces stronger due diligence expectations and tougher rules for institutional donors. Our general approach has been to address weaker points of the framework where there is greater risk. While the intention behind the new clause is acknowledged, reducing the declaration threshold to £500 does not follow that risk-based approach and could end up weakening the system.
In that respect, I share the views of the shadow Minister because I believe the new clause would create a large volume of low-value declarations and, in doing so, divert the time and energy of donors, recipients and the regulator on to lower-risk activity. We want resources to be focused on higher-risk activity, such as the enhanced due diligence that we want donors to undertake when they receive larger donations. The Government believe that the risk-based approach that we are taking in the Bill is the right one. It ensures that further scrutiny will be applied where it matters most.
New clause 50 seeks to increase the maximum criminal penalties that can be imposed for various false declaration offences under the political finance framework. In the Bill, the Government are acting on long-standing recommendations to strengthen the Electoral Commission’s power and extend its remit to ensure that enforcement provides a clear deterrent against breaking the law, while remaining proportionate. However, we recognise that we cannot be complacent, so we welcome the Joint Committee on National Security Strategy’s recent report and Philip Rycroft’s independent review on foreign financial interference in our democracy. They both include relevant recommendations regarding the enforcement of political finance offences.
Any proposal to increase sentencing for such offences will need to be considered carefully to ensure that criminal penalties remain proportionate. It will also be important to consider the political finance regime and its enforcement in the round to prevent amendments from creating inconsistencies between parts of the statutory framework. The Rycroft review provides a valuable basis for that broader consideration and the Government are actively working through its recommendations to ensure that political finance rules and their enforcement remain proportionate, coherent and fit for purpose.
Noting that new clause 50 covers ground similar to one of Mr Rycroft’s recommendations, we will assess the review’s findings carefully and set out a full Government response, including whether to make further amendments to the Bill in the light of that work.
Does the Minister see the absurdity of the Government’s strategy in this area of policy? The Government commissioned a huge review—a good review—by Philip Rycroft that they need to examine and consider properly. But we are discussing a section of the Bill where although a direct influence on future legislation is outlined by Philip Rycroft, the Minister is resisting amendments from other political parties, saying she will bring in amendments later because the Government have not considered Rycroft’s review properly. She is not going to accept this, but does she not see that the way the Bill is working is absurd? We are going to have retrospective amendments when it comes to the review, but the Minister will only accept amendments from her own side and not from other political parties.
The shadow Minister is, of course, fully entitled to his views. However, the new clauses relate to a very narrow framework in the Bill. The Government are considering the review and its recommendations from a much broader, cross-Government perspective. That requires much broader work. We will bring our response to the review to Parliament in time for proper scrutiny.
Question put and agreed to.
Clause 56 accordingly ordered to stand part of the Bill.
Schedule 7 agreed to.
Clause 57 ordered to stand part of the Bill.
Clause 58
Risk assessments for donations to registered parties etc
I beg to move amendment 39, in clause 58, page 67, line 38, leave out “, when it” and insert “—
(a) the party has not previously undertaken a risk assessment in relation to a relevant benefit accruing to the party in the same calendar year, and
(b) when the value of the donation”.
This amendment would mean that a risk assessment is required for donations when the £11,180 threshold (for donations or regulated transactions) is breached the first time in a calendar year. (See also amendment 40, which requires a risk assessment the second or subsequent time the threshold is breached.)
The Chair
With this it will be convenient to discuss the following:
Government amendments 40 and 41.
Amendment 32, in clause 58, page 68, leave out from beginning of line 15 to end of line 21 and insert—
“(2) In carrying out a risk assessment, the party must prioritise taking into account whether the person from whom the donation is received is a foreign citizen and likely to have foreign influence links.
(2A) In carrying out a risk assessment, the party must treat donations from UK citizens, who reside in the UK, as a low risk.
(2B) In carrying out a risk assessment, the party must also take account of the following risks—
(a) the type of person from whom the donation is received,
(b) that person’s previous donation history,
(c) the type of donation,
(d) the amount of the donation, and
any other risk factors the party considers to be relevant.”
Amendment 31, in clause 58, page 68, line 20, at end insert—
“(da) whether the person from whom the donation is received is required to register under the Foreign Activities and Foreign Influence Registration Scheme established by the National Security Act 2023.”
This amendment would require the risk assessment to take into account whether a donor is required to register under the Foreign Activities and Foreign Influence Registration Scheme.
Government amendments 42 and 43.
Clause stand part.
Government amendments 44 to 78.
Schedule 8.
Government new clause 60—Power of Scottish Ministers to vary sums in Schedule 7 to PPERA 2000—
“In section 155 of PPERA 2000 (power to vary specified sums or percentages), in subsection (1A)—
(a) after ‘vary’ insert ‘—
(a) ’;
(b) at the end insert
‘, or
(b) any sum for the time being specified in Schedule 7 so far as that sum applies in relation to a donation to a member of a local authority in Scotland who is not also a member of a registered party.’”
This new clause, which would be inserted after clause 62, amends section 155(1A) of the Political Parties, Elections and Referendums Act 2000 to provide a power for the Scottish Ministers to vary the sums in Schedule 7 (control of donations to individuals and member associations), so far as they relate to areas of devolved competence.
I will first speak to clause 58, schedule 8, Government new clause 60, and Government amendments 39 to 41 and 44 to 78, before turning to the amendments tabled by the Opposition.
In line with recommendations from the Electoral Commission, the National Crime Agency and the Committee on Standards in Public Life—now known as the Ethics and Integrity Commission—clause 58 addresses a long-standing gap in electoral law. Current rules require recipients of donations to verify the permissibility of the donor but do not require them to assess whether a donor may be facilitating a donation from an impermissible source. Existing permissibility checks remain important, but they do not always provide sufficient assurance where donations are routed through third parties or where risk indicators are present.
The clause introduces a clear, proportionate due diligence duty on campaigners to look beyond current permissibility checks and determine whether there is a material risk that a political contribution originates from an impermissible source. The new framework strengthens the ability of campaigners to assure themselves that donations come from permissible sources. Its purpose is not to impose unnecessary burdens, but to ensure that campaigners take reasonable, proportionate steps to understand who is behind a donation. By embedding a culture of risk-based due diligence, the clause helps to guard against foreign interference, increases confidence in the integrity of donations, and aligns political finance rules with best practice in other sectors.
Government amendment 39 to 41 and 44 to 78 seek to clarify the point at which a political donation exceeds the £11,180 thresholds and requires a risk assessment under the new “know your donor” rules. Currently, the Bill requires a risk assessment once a recipient receives cumulative contributions from the same donor surpassing £11,180 in a calendar year. However, after that point is reached, every further donation received from the same donor in the same calendar year, regardless of value, would require another risk assessment. That was not our policy intention.
Under the updated approach, a risk assessment will be required each time a donor gives £11,180 cumulatively or as an individual donation, after which the running total in effect will reset to zero. That replaces the previous rolling aggregation threshold, removing unnecessary repetition and ensuring that parties complete a risk assessment only when receiving a further significant donation from the same donor. Risk assessments could be carried out on every donation if a campaigner feels the need to do so.
I thank Members for the wide-ranging and constructive points that they have made. The Government accept the thrust of the amendments tabled by the hon. Member for Hamble Valley; however, we believe the existing clauses already allow for foreign links, the status of the foreign influence registration scheme and other relevant indicators to be considered.
It is important for us all to consider—this speaks to a point that the hon. Member for North Herefordshire made—that, as drafted, the list of statutory risk factors is capable of amendment by secondary legislation, so that the framework can remain up to date. As new risks emerge, they can be addressed through secondary legislation. The hon. Member for Hazel Grove made the point that this is a very fast-moving landscape. When the Government introduced the strategy last July, it was prior to the conviction of Nathan Gill. New risks have emerged in considerable number in the past year, and my hon. Friend the Member for South Dorset described how new parties are emerging. It is important that legislation is not prescriptive in a way that hampers consideration of risks as they emerge.
I appreciate the sensitivity that the hon. Member for Hazel Grove expressed—I think the hon. Member for Hamble Valley understands this too—to the challenge of legislating in a fast-moving landscape. The Government are responding as promptly as we can. On the timetable, Parliament will be prorogued soon—I do not know when; my hon. Friend the Government Whip may have more intelligence on that—but this is a carry-over Bill, and that is important given the consideration and consultation that needs to happen as we respond to the Rycroft review.
I want to pick up on the implications of the points made by my hon. Friend the Member for Hamble Valley and the hon. Member for South Dorset. We are all aware that Reform was the first political organisation to come into being as a private company. It operates outside the framework of a traditional political party, and that carries with it some risks.
As the Minister has outlined, the intention is that the framework identifying those risks can be regularly updated. However, that organisation has been in existence for some six years, so this is not something that has suddenly materialised. The point that my hon. Friend outlined in his contribution, and in the amendments covering things such as FIRS, is that that these are emerging risks that we have all been aware of for some time.
I appreciate the Minister’s point about the timetable and where we are in this Session, but it would be helpful to understand from her how soon those long-standing risks that we have been aware of for some time will find their way into secondary legislation and therefore the framework, or where they might feature in amendments on Report so that they can be properly taken into account.
The hon. Member will appreciate that implementation of the Bill will require substantial secondary legislation. As tempting as it is to set out a timetable, we have to focus on getting the primary legislation through first. There is the tension, which the hon. Member for Hazel Grove described, between going at pace to implement measures such as votes at 16 and considering as comprehensively as possible the matters that arise from the Rycroft review. It is a challenge, albeit not an insurmountable one, for the Government to do both.
Considerable parliamentary time will be devoted to the secondary legislation; that will become clearer as time progresses. We need to move forward as swiftly as we can. We will introduce the amendment regarding crypto when parliamentary time allows, and we will ensure that it has parliamentary scrutiny. I have noted the comments by the hon. Member for North Herefordshire about a donor registration scheme. None the less, it is beholden on political parties, candidates and campaigners to take seriously the risks from donors. It will be their responsibility, under this legislation, to assess those risks, and if they are found to wilfully, recklessly or knowingly circumvent them, they will be subject to prosecution.
We need to move forward with this legislation as much as we can. I sense the frustration from Members across the Committee about the time that will be required to do this, but we need to do it thoughtfully, carefully, and at pace but not too fast. I jest, but we will do it as soon as we possibly can in a way that does not jeopardise scrutiny.
Amendment 39 agreed to.
Amendment proposed: 32, in clause 58, page 68, leave out from beginning of line 15 to end of line 21 and insert—
“(2) In carrying out a risk assessment, the party must prioritise taking into account whether the person from whom the donation is received is a foreign citizen and likely to have foreign influence links.
(2A) In carrying out a risk assessment, the party must treat donations from UK citizens, who reside in the UK, as a low risk.
(2B) In carrying out a risk assessment, the party must also take account of the following risks—
(a) the type of person from whom the donation is received,
(b) that person’s previous donation history,
(c) the type of donation,
(d) the amount of the donation, and
any other risk factors the party considers to be relevant.”—(Paul Holmes.)
Question put, That the amendment be made.
With the introduction of votes at 16, 14 and 15-year-olds will be able to pre-register as attainers for up to two years before they reach voting age. To safeguard the data of young people, their electoral register data will be subject to enhanced protections. These enhanced safeguards will restrict access to under-16s’ electoral registration data, meaning that political parties and other recipients of political donations will not be able to independently verify whether a 14 or 15-year-old is on the register.
Clause 59 closes a potential loophole by prohibiting donations from under-16 attainers, ensuring that the electoral regime remains secure, while still allowing 16 and 17-year-olds, whose details can be verified, to donate like all other voters. The clause reduces the risk of impermissible or potentially foreign-linked donations entering the electoral system via routes that are unverifiable. Given the wider context of foreign interference concerns, we believe it is right to take this preventive step. Sixteen and 17-year-olds will still be able to donate like any other eligible voter, enabling early registration while ensuring that the political finance system is safeguarded from impermissible donations as younger voters become active participants in our democracy. I commend clause 59 to the Committee.
Question put and agreed to.
Clause 59 accordingly ordered to stand part of the Bill.
Clause 60
Donations by companies and LLPs etc
Lisa Smart
I beg to move amendment 34, in clause 60, page 72, line 36, at end insert—
“(c) the person has nominated a director or partner who is to be personally responsible for ensuring the donation is made in accordance with the requirements of this Part.”
This amendment provides that for donors from corporate bodies to be permissible they must nominate a director or partner who is responsible for compliance with the legal requirements relating to donations.
I will speak first to clause 60, before addressing the amendments tabled by hon. Members.
Clause 60 directly responds to long-standing concerns about vulnerabilities in the current political finance system and about the risk of illicit foreign money influencing UK democracy. Under the current framework, it is possible for shell companies or companies with weak UK connections to be used to channel money into our political system. The Electoral Commission and many other stakeholders have consistently called for stronger safeguards to ensure that only legitimate entities can donate.
The new tests will require companies and limited liability partnerships wishing to donate to registered political parties to meet stricter criteria to show a genuine UK connection. The company must have generated enough income in the previous three calendar years to justify its donation. That will help to prevent shell companies from being used as fronts for foreign money. Additionally, companies must meet strict criteria related to control. They will need to be headquartered in the UK, and the majority of persons with significant control must be UK electors or UK citizens. That will ensure UK electoral control and prevent foreign influence. To prevent companies from being set up solely to make political donations, donors must have at least one up-to-date set of accounts filed with Companies House.
(5 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lloyd Hatton
I think there is a difference between corporate and non-corporate donations. However, what would be really interesting is to see how the Bill progresses in taking forward the Rycroft review. That is a really important point, but I will not go over it again, because it has already been well articulated by the hon. Member for North Herefordshire.
To conclude, the Bill takes serious steps forward in addressing some of the foul play we have seen time and again with corporate donations in the past, and there is a huge body of evidence behind that. However, I would welcome any early advice or opinion the Minister can give us on how we can work on the recommendations set out by Philip Rycroft.
It is a pleasure to serve under your chairmanship, Sir Desmond. I will be guided by you, but I do not intend to speak to new clauses 13, 32 and 52 at this stage. However, to respond to a number of points made during the debate, particularly by the hon. Member for North Herefordshire—
The Chair
Just for clarity, if you wish to speak to those new clauses, your only opportunity to do so is now.
In the interests of time, I will continue.
On the other remarks made by the hon. Member for North Herefordshire, I hear her point about profit and revenue, and it is highlighted in the Rycroft review. As I said many times this morning, we will carefully consider the Rycroft review and respond to it appropriately.
The hon. Members for North Herefordshire and for Hazel Grove both highlighted the Government’s view that the responsibility rests with the donor. The Government strongly believe that. The onus is on the person or organisation receiving the donation to consider its origins very carefully. They can and should decline donations if they cannot satisfy themselves that those have come through the proper and legitimate channels.
Let me turn to the issue of why we should not ban donations from companies altogether. Political parties and other campaigners will remain able to raise sufficient funds because they need to communicate their views to the electorate about protecting our democracy better against those who seek to covertly undermine it. The hon. Member for North Herefordshire referenced the Canadian model. I have had the pleasure of meeting the Leader of the House from Canada. While it is tempting to suggest that there should be a ban on corporate donations, I remind the hon. Lady that 60% of their political campaigning is funded by the taxpayer—and it is a brave politician who would enter that particular plea to the British electorate at this time.
Dr Chowns
I thank the Minister for her engagement with my point. In UK politics, about 22% of donations into politics over the past few years have been from companies. We are not talking about requiring the Government to step in and put 60% of the funding into politics; we are talking about the risks associated with a specific form of donation.
Under the measures the Government is putting forward in clause 60, we are putting in place requirements to ensure that persons of significant control are clearly allowable donors. However, it is possible for a company to restructure so that it just goes underneath that and does not meet the 25% threshold. So that could still be a channel for illicit or foreign funding to come into British politics. Would it not be simpler to require any persons who have significant control in a company and who wish to make political donations to make them as individuals?
The hon. Member has made her point. The Government believe that there is a place for company donations from UK companies. We just feel that we should be much stricter about the arrangements by which they do these things. We have set that out in the legislation, which is what we are discussing this afternoon.
Turning briefly to the points raised by my hon. Friend the Member for South Dorset, I remind all Members that these measures are not designed to prevent a specific individual or company from donating. Those who follow and meet the three tests and successfully meet the “know your donor” and section 54A requirements should be able to enrich our democracy by donating as they do. I therefore commend clause 60 to the Committee—
We will consider those points. The Rycroft recommendations are being considered very carefully. We will respond to them in due course and we will come back to Parliament with our recommendations as they come forward. I hope that gives the hon. Lady the assurance she is seeking.
Lisa Smart
We have had a good discussion of the amendments that I spoke to on behalf of the Chair of the JCNSS, the hon. Member for Warwick and Leamington. I do not feel a desire in the room to move to a Division, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 60 ordered to stand part of the Bill.
Clause 61
Forfeiture of certain donations to registered parties etc
Question proposed, That the clause stand part of the Bill.
This clause strengthens the electoral regime by restoring a clear, objective test for forfeiture: if an individual donor was not actually on an electoral register at the time of the donation, the donation is impermissible and liable to forfeiture. It responds directly to long-standing concerns from the Electoral Commission that the current framework is open to inconsistency. In particular, the 2010 Supreme Court ruling, which allowed courts to consider whether a donor was eligible, rather than actually registered, when assessing impermissible donations and their forfeiture, introduced uncertainty and risked discouraging thorough permissibility checks by campaigners.
The clause removes the ambiguity in electoral law, ensuring that permissibility of an individual is determined on actual electoral registration. It reinstates a simple and objective test that supports consistent enforcement and reinforces the integrity of the electoral regime. Campaigners already must take reasonable steps to verify donor permissibility. The clause simply removes the scope for subjective interpretation of permissibility and strengthens deterrence by ensuring that impermissible donations cannot be retained by campaigners due to ambiguity in the law. By reinforcing the principle that only permissible donors may fund UK politics, the clause provides a clear deterrent for impermissible donations and supports compliance by political parties and campaigners.
I welcome the Minister’s comments on the clause. It is important that when we have been discussing the nature of this legislation, particularly regarding donations, we have outlined a clear stance that if people want to participate in our political process and make donations, they should have a physical stake in it. Any removal of the ambiguity around campaigners having to look to see whether it is permissible is welcome. It is a reasonable expectation from the Government that there has to be some level of participatory engagement in the political process. We have no problem with the clause; indeed we support it.
Question put and agreed to.
Clause 61 accordingly ordered to stand part of the Bill.
Clause 62
Unincorporated associations making political contributions
Dr Chowns
The clause contains the welcome measure of preventing donations from impermissible donors being made through the mechanism of unincorporated associations and reducing the level at which they have to register with the Electoral Commission and report gifts. That is very positive. The current situation really cannot continue, so I am pleased that, through these measures, the Government will try to manage and block malicious interference and ensure democratic safety.
Although unincorporated associations are used legitimately by some, they can be an opaque vehicle for funds of unknown origin, so there is potential for them to be used to introduce foreign interference in our political system. Interesting Transparency International research published last year found that, of the £40.4 million in donations made by unincorporated associations since 2010, a huge £38.6 million was unaccounted for. More than 95% of donations from unincorporated associations came from those that have not reported the source of their income, so it is clearly time for change Despite those concerning statistics, the previous Government increased reporting thresholds for unincorporated associations in the Elections Act 2022, so I am very glad that this Government are reversing that decision through the Bill.
Under normal regulations, donations to political parties must come from a permissible source if they are over £500, but if the donations are made by an unincorporated association, even with the lower threshold, the reporting requirements are not triggered until donations reach over £11,180 in a calendar year. Even with the new rules, it is possible for an unincorporated association that does not meet the threshold and is therefore not required to register to make donations without any checks. That is clearly an undesirable and unnecessary loophole, so I support the amendments that have been tabled by the hon. Member for Rochester and Strood (Lauren Edwards), which aim to close this loophole, and I urge the Minister to consider reducing the permissibility threshold for unincorporated associations to £500, equal to the permissibility threshold for other sources of donation.
I will speak now to clause 62 and Government amendments 79 to 87, which were tabled in my name. I will come to the other amendments later.
The clause introduces measures that have long been called for by the Electoral Commission, the National Crime Agency and the Committee on Standards in Public Life, which is now known as the Ethics and Integrity Commission, to tighten the rules around unincorporated associations. Under the current framework, unincorporated associations are permitted to make political contributions provided their main office and activities are based in the UK, but there are no restrictions on the sources of the funds behind those contributions. Existing rules therefore do not provide sufficient transparency or assurance about who is ultimately funding the political contributions made through such bodies.
The clause introduces a strengthened framework to ensure that political contributions from unincorporated associations come from permissible sources and are subject to stricter and more consistent transparency requirements. The clause lowers the thresholds at which UAs must register with the Electoral Commission and report the gifts they receive, ensuring that significant contributors provide the same level of transparency as other regulated campaigners. It also extends transparency rules so that contributions to candidates count towards the registration threshold, and it requires UAs to appoint a responsible person, improving clarity about who stands behind such associations.
Finally, clause 62 introduces new controls to ensure that funds used for political contributions come from permissible sources. UAs will be required to verify political gifts they rely on, and they will be prohibited from using unverifiable or impermissible funds for political activity. I commend clause 62 to the Committee.
The Chair
With this it will be convenient to discuss the following:
Clause 64 stand part.
New clause 10—Guidance on the law relating to digital communication offences in relation to elections—
“(1) The Secretary of State must, within six months of the passing of this Act, publish and lay before both Houses of Parliament guidance on certain digital communication offences, including digital manipulation and artificially generated content in relation to candidates and elected officials.
(2) Any guidance issued under section (1) must include guidance on the following—
(a) the operation of section 106 (false statements as to candidates) of the RPA 1983 in relation to digital communications;
(b) the operation of section 114A (undue influence) of the RPA 1983 in relation to digital communications;
(c) the interaction between the operations of sections 106 and 114A of the RPA 1983 and the duty of providers under the Online Safety Act 2023, including in relation to priority offences during election periods.
(3) Within 12 months of the publication of guidance under subsection (1) and annually thereafter, the Secretary of State must publish and lay before Parliament either—
(a) a statement that no updates to the guidance are required, or
(b) an updated version of the guidance.
(4) Before issuing—
(a) any guidance under subsection (1) or subsection (3) (b), or
(b) a statement under subsection (3)(a),
the Secretary of State must consult OFCOM and such other persons as they think necessary.
(5) For the purposes of this section “priority offences” means an offence listed in Schedule 7 (priority offences) of the Online Safety Act 2023.”
This new clause would require the Government to publish guidance on the operation of certain offences relating to digital communications as they relate to candidates and elected officials.
New clause 18—Information to be included with electronic material: generative artificial intelligence—
“(1) Section 41 of the Elections Act 2022 (requirement to include information with electronic material) is amended as follows.
(2) After subsection (3)(b) insert—
“(c) where the electronic material consists of or includes image, audio or video content that has been generated or materially altered by means of generative artificial intelligence, a statement that such artificial intelligence has been used.”
(2A) In this section, "generative artificial intelligence" means a machine-based system that can, for a given set of human-defined prompts or objectives, generate new image, audio or video content.”
This new clause amends the digital imprint rules in the Elections Act 2022 to require that any political campaigning material which contains images, audio, or video generated or materially altered by AI must include a statement that such artificial intelligence has been used.
New clause 24—Repository of digital political advertising—
“(1) The Elections Act 2022 is amended as set out in subsection (2).
(2) After section 61 insert—
“Part 6A Repository of digital political advertising
61A. Establishing a repository of digital political advertising
(1) The Secretary of State must, by regulations, make provision to require the Electoral Commission to establish a repository of paid-for digital political advertising.
(2) Any regulations made under subsection (1) must—
(a) provide for the repository of political advertising to be publicly accessible;
(b) specify that a provider of a Category 1 service within the meaning of the Online Safety Act 2023 must ensure that prescribed information relating to such advertising is submitted to the repository as soon as reasonably practicable, and, in any event, within 72 hours;
(c) set out the types of information to be prescribed; and
(d) provide for material in the repository to be transferred to the National Archives for preservation after a certain period.
(3) Before making any regulations that make provision for the matters under subsection 2(c), the Secretary of State must consult—
(a) the Electoral Commission;
(b) the Information Commissioner’s Office; and
(c) OFCOM.
(4) Any regulations made under subsection (1) must be laid before and agreed by both Houses of Parliament.””
This new clause requires the Secretary of State to bring forward regulations to require the Electoral Commission to establish a publicly available repository of political advertising.
New clause 25—Electoral Commission: powers to obtain information outside of a formal investigation—
“(1) The Elections Act 2022 is amended as follows.
(2) After Schedule 12, insert—
“SCHEDULE 13: Electoral Commission powers to obtain information outside of a formal investigation
1 The Secretary of State must, by regulations, make provision to allow the Electoral Commission to issue a notice requiring certain information from a regulated user-to-user service or search service, at any time during any regulated election period.
2 Any regulations made under paragraph 1 must specify that a person to whom a notice is given under this paragraph must comply with it within such reasonable time as is specified in the notice.
3 Any regulations made under paragraph 2 must specify the information which may be requested by the Electoral Commission, and include the following where they relate to elections—
(a) information relating to paid-for political advertising;
(b) algorithmic systems;
(c) coordinated inauthentic behaviour; and
(d) automated or bot accounts (whether domestic or foreign).
4 Any regulations made under paragraph 2 must also provide for any safeguards considered necessary by the Secretary of State as regards data protection or commercial confidentiality.
5 Any regulations made under paragraph 2 must be laid before and agreed by both Houses of Parliament.
6 For the purposes of this Schedule, “user-to-user service” has the meaning given by section 3 (“user-to-user service” and “search service”) of the Online Safety Act 2023.””
New clause 27—Government review of the “regulated periods” in relation to elections—
“(1) The Secretary of State must, within 12 months of the passing of this Act, commission a review of the adequacy of the current regulated periods for elections and referendums.
(2) The review must consider the following—
(a) the impact of campaign activity outside the relevant regulated period on elections;
(b) whether the length of the regulated periods are sufficient to tackle the prevalence of—
(i) manipulated content,
(ii) misinformation,
(iii) disinformation,
and their potential influence on elections.
(3) The review may make any recommendations it feels necessary for legislative or regulatory reform as a result of its findings.
(4) For the purposes of this section, “campaign activity” includes—
(a) digital campaigning;
(b) targeted advertising; and
(c) automated content distribution.
(5) For the purposes of this section “regulated period” means any period regulated under the Representation of the People Act 1983.
(6) The Secretary of State must lay a report of the review before both Houses of Parliament, together with their response to any recommendations for legislative or regulatory reform.”
This new clause requires the government to establish a review of the “regulated periods” in relation to elections which would consider whether the length of the regulated periods are sufficient in relation to the prevalence of manipulated content, misinformation and disinformation.
New clause 28—Information to be included with electronic material: data provenance—
“After Section 41 (requirement to include information with electronic material) of the Elections Act 2022 insert—
“Requirement to include information with electronic material created through generative artificial intelligence
(1) This section applies to electronic material which—
(a) meets the conditions in section 42 (paid for electronic material), or
(b) meets the conditions in section 44 (other electronic material),
and has been generated wholly through generative artificial intelligence.
(2) Electronic material to which this section applies must not be published unless it includes the following information—
(a) a statement that content was wholly generated by a generative artificial intelligence system;
(b) the name of the system used to generate the content.
(3) The Secretary of State may, by regulations, specify—
(a) additional requirements for information to be required under subsection (2);
(b) the form in which the information required under subsection (2) is to be provided.
(4) The form prescribed by regulations under subsection (3)(b) must be a form which can be detected and processed by regulated user-to-user services for the purpose of providing the required information to users of such services.
(5) Any regulations made under subsection (4) must be laid before and agreed by both Houses of Parliament.
(6) For the purposes of this section, “generative artificial intelligence” means computer system or software that—
(a) is capable of producing text, images, audio, video, or other content autonomously, wholly or substantially, based on prompts or instructions provided by a user;
(b) uses machine learning or other algorithmic techniques to generate content that mimics human-created material; and
(c) may produce content that is not pre-existing but is synthesized based on patterns learned from existing data.””
This new clause requires campaign material which has been generated by generative artificial intelligence to include a statement to that effect along with the name of the system used. It creates a power for the Government to make regulations about the information to be included.
Amendment 4, in clause 80, page 100, line 35, at end insert—
“(ha) Section (Guidance on the law relating to digital communication offences in relation to elections)”.
This amendment is consequential on NC10.
Any campaigner wishing to influence the electorate should be prepared to be transparent. Imprint rules play an important role in upholding trust in UK democratic processes by ensuring that voters can see clearly who is behind political campaigning material. Under existing rules, third-party campaigners who spend under a certain threshold are not required to include imprints on their organic digital campaigning material. That creates a loophole allows third-party campaigning groups to disseminate potentially influential content without disclosing its origin, which is concerning when such material is designed to be shared virally, especially if the material is misleading, controversial or intended to manipulate public opinion without accountability.
Clause 63 strengthens the transparency of digital imprint rules by ensuring that third-party campaigning groups spending under a certain threshold are also required to include imprints on their organic digital campaigning material. This requirement will ensure that the rules promote transparency and public trust, while protecting free expression and avoiding undue burdens on individuals simply expressing their political opinions online.
Following consultation with the Scottish Government, it was agreed that applying a single UK-wide regime uniformly will enable voters from across the UK to benefit from a level of transparency and will avoid confusion. The clause therefore also repeals part 8 of the Scottish Elections (Representation and Reform) Act 2025 consequentially upon the extension of the UK-wide digital imprint regime.
Turning to clause 64, it is important that campaigners have access to clear and up-to-date guidelines. The Electoral Commission’s guidance on digital imprints plays an important role in helping campaigners to understand and comply with the rules and supports enforcement authorities in maintaining transparency and public trust in UK democratic processes.
We are discussing a new clause that starts a conversation about the regulated period and would create a year’s limit on the amount of literature that can go out, outside of an election period. That seems different from what the hon. Lady is describing, which is the regulations and limits on political parties, and candidates not in a party, during an election period. Those are two very different things. I am quite happy with the fact that I have to raise the money to stand for my seat at a general election, and that national parties have to account for that.
The new clause includes provisions not just for general elections but for outside election periods. What I find concerning is that council groups—such as those of the hon. Lady’s party in Eastleigh, or my party’s in Fareham, Hampshire and all across the country—would have to be accountable for putting out communications to people who end up putting councillors in their jobs. I do not think that we should get in the habit of limiting political parties outside an election period, because I think that is an entirely different prospect, and an entirely different area from how we are governed in an election period.
I am perfectly okay to start talking about funding levels during an election period, but I do not want to do so for candidates who wish to start a campaign before the current regulatory period. As the hon. Lady will know—she is a very successful politician, both locally and nationally—we do not begin to build an election campaign just in the regulated period. Many of us started trying to get involved in politics a long time before we were elected, and I think that limit is a very dangerous thing in today’s democracy.
However, I would say to the hon. Lady that I am open to a conversation about election financing. I am looking at my Whip—my hon. Friend the Member for Ruislip, Northwood and Pinner—who is probably horrified by me saying that, but I am not against that argument or discussion. I just think that this goes a bit too far, and it does not sit well with me. After that rambling oratory, I just say to Green and Liberal Democrat Members that, if they choose to push new clauses 10 and 24 to a vote, the Opposition will support them, but we would vote against new clause 27.
The Opposition also think that the accountability in new clause 18 is very sensible. If we use AI, we should be honest about it—it is as simple as that. If any politician wants to put forward an AI-generated image, I first think there is a question about why they would want to do so anyway. We all think that our constituencies are beautiful, and we would not want to change them. We also all know that politics is acting for ugly people, so why would we want to change the way we look?
I do not understand why someone would want to use an AI-generated image, but if they do, they should actually be big enough and strong enough to own it. Therefore, it is important to have some extra regulation, particularly as some people might not be au fait with AI-generated images, as some are very believable—not the one of Donald Trump pretending to be Jesus, but the more sensible ones. People cannot necessarily pick that up, so if the hon. Member for Hazel Grove chose to push new clause 18 to a vote, the Opposition would also support it.
New clause 18 seeks to require digital campaigning material, in scope of the digital imprint regime, that contains images, audio or video generated or materially altered to include a statement that such artificial intelligence has been used. The Government fully recognise the challenges posed by AI-generated content, including deepfakes, and the risks they present to democratic processes and public trust in the online information environment. We agree that helping voters understand the authenticity of digital campaigning material is an important objective.
However, AI technologies are developing at pace, and there is not yet a reliable or widely adopted technical basis for determining when content has been generated or materially altered by AI. That would make enforcement by the Electoral Commission and the police difficult in practice, and it would risk undermining campaigners’ compliance with the rules.
The new clause, as drafted, would also create uncertainty and disproportionate legal risks for campaigners. For example, it would create a new criminal offence for failing to include a statement about AI use, even where the AI involvement may be trivial, automated or outside the campaigner’s knowledge or control. Further consideration would also be needed on how liability for offences should apply to those who republish material.
There would also be a considerable chance of the new clause quickly becoming obsolete. AI is evolving rapidly, so adopting a definition of “generative artificial intelligence” in primary legislation might struggle to keep pace with technological developments and it could quickly become outdated. Although we share the intention to strengthen transparency in digital campaigning, the Government do not believe that the new clause is currently workable or proportionate. The Secretary of State for Science, Innovation and Technology recently announced that the Government will establish a taskforce to put forward proposals for Government on best practice for labelling AI-generated content, with an interim report to be published in the autumn. I urge Members to follow the progress of that taskforce.
I turn to new clause 10 and amendment 4. I thank my hon. Friend the Member for Milton Keynes Central for those and for her commitment to strengthening online protections. I know Members feel strongly about that area. I share the objective of seeing the powers of the Online Safety Act 2023 being fully and effectively utilised. With that in mind, the Government have carefully considered new clause 10, which would require the Government to publish guidance on the operation of certain offences relating to digital communications, as they relate to candidates and elected officials.
Under the Online Safety Act, in-scope service providers are already required to have effective systems and processes in place to identify and remove illegal content. That includes content that amounts to the two offences identified in new clause 10: the “false statements about candidates” offence and the offence of undue influence. Those duties apply equally to AI-generated and manipulated content where such material meets the threshold of either offence.
As the independent regulator, Ofcom issues codes of practice that provide clear guidance on what action providers should take to manage and mitigate illegal content. The codes recommend various measures across risk management, user reporting and content moderation. Ofcom has already produced guidance to assist providers in making judgments about whether certain content is illegal, and such guidance includes usage examples where possible. As the independent and expert online safety regulator, Ofcom, not the Government, is best placed to offer such guidance.
The Government have no plans to widen their role within the Online Safety Act regulatory regime by issuing guidance on matters within Ofcom’s remit. Introducing a new duty for Government to publish parallel guidance on two specific offences, and committing to regularly updating that guidance, would blur the lines between Government and the independent regulator, undermining the model for which Parliament has only recently legislated.
The Government remain firmly committed to ensuring that protections keep pace with evolving threats to democracy, and I welcome continued engagement with parliamentarians on that important issue. As Members will know, Rycroft made recommendations in his review supporting the principle of advertising libraries and suggested that the Government could use their convening power to work with social media companies to extend the practice of advert libraries to achieve consistency in how they are presented. That is not the same as setting a legal requirement for a repository of digital political advertising, as intended by new clause 10. None the less, we are carefully considering all of the recommendations in the Rycroft review and will issue a response in due course.
New clause 24 seeks to establish a repository for paid-for digital political advertising. Digital political advertising plays an important role in supporting democratic engagement. It remains one of the most accessible and cost-effective ways for political parties and campaigners to connect with the public and have their message heard. However, the Committee will be aware that the European Commission introduced similar requirements to new clause 24 in 2024, including mandatory transparency notices containing information such as spending and targeting, and the requirement for platforms to upload all political adverts to a European repository.
In response, major platforms such as Meta and Google chose to cease hosting paid political advertising entirely in the EU, citing operational complexity and uncertainty as to whether compliance by platforms and campaigners was realistically achievable. If the UK were to adopt comparable measures without fully understanding their operational impact, we could see similar unintended outcomes here.
The potential removal of political advertising from major platforms in the UK could risk reducing political pluralism online by restricting the ability of political parties, civil society organisations and candidates, many of whom rely on digital platforms to engage effectively with the public. Smaller, newer parties and independent candidates may be disproportionately impacted by such an outcome, losing an affordable channel to reach voters, while larger, well-followed parties and campaigning groups would likely be less affected. That would make campaigning more challenging for newcomers, potentially undermining the level playing field.
The Government agree that transparency in digital campaigning is important, but any reforms must be carefully balanced to protect freedom of expression and avoid placing undue burdens on campaigners and platforms. This is a complex area, and the implications need detailed consideration to avoid replicating the unintended consequences seen in other jurisdictions. In the meantime, we welcome the steps already taken by platforms such as Meta and Google, which have created publicly accessible political advert libraries. We encourage other platforms to do the same.
The measures in the Bill will extend the scope of digital imprint rules and place enforcement on a clearer and more proportionate footing, ensuring that voters can continue to make informed decisions on digital material in elections and referenda. We will continue to keep wider policy relating to electoral campaigning under review.
I turn to new clause 25. The Government absolutely recognise the importance of protecting our elections from online interference, including concerns about how algorithms, such as recommender systems, can amplify harmful or misleading content. The current legal framework to tackle online electoral mis and disinformation has the Online Safety Act 2023 as its core pillar. New clause 25 would risk creating overlap and confusion with Ofcom’s responsibilities under the Online Safety Act.
Under the Online Safety Act, in-scope services must take action in relation to any content that amounts to existing election offences during an election period. The Online Safety Act already provides Ofcom with extensive powers to gather information from services and scrutinise how algorithms operate as well as a mandate to require services to conduct illegal content risk assessments. That includes assessing the likelihood of users encountering illegal content through algorithms, how systems may exacerbate or mitigate those risks, and what safeguards are required. From 2027, categorised services will also be required to report information about their algorithms, including how they influence the display, promotion or recommendation of content. Creating overlap or confusion with Ofcom’s responsibilities under the Online Safety Act also increases the risk of regulatory uncertainty. For those reasons, we cannot accept the new clause.
That said, the Government fully recognise the importance of ensuring that the commission has the tools it needs to enforce compliance with the regulatory framework it is responsible for enforcing. That is why we commissioned the Rycroft review to consider whether political finance rules and their enforcement can be strengthened in the light of emerging risks, including covert funding and foreign interference.
As Members know, we are carefully considering relevant recommendations from the Rycroft review to ensure that political finance rules and their enforcement remain robust and fit for purpose, including recommendations relating to the Electoral Commission’s investigatory powers. We will revert with a full Government response to the review and consider whether to make further amendments to the Bill in the light of that work.
New clause 27 would require the Government to establish a review to consider the adequacy of regulated periods of elections and referendums. More specifically, it would consider whether they are of sufficient length to combat mis and disinformation, and the impact of digital campaigning outside regulated periods.
I have a lot of sympathy for what the Minister is saying. It seems to me that there is a risk of a “may contain nuts” kind of solution emerging: campaigners could simply put, “This may contain artificially generated imagery” on every item of digital campaigning and comply with the law, but that would not tell us whether what is being represented has been materially altered. In the light of her earlier comments about the autumn timeline, will she give the Committee a clear commitment to work not just with political parties but with industry, with a view to ensuring that we have effective copywriting and watermarking, which we know many of these organisation are already developing, so that anybody looking at political content can be confident that what they are seeing is genuinely what was said by that politician, candidate or party?
The hon. Gentleman makes a really important point. As I mentioned earlier, the Secretary of State for Science, Innovation and Technology announced that the Government have established a taskforce to take forward proposals for Government on best practice for labelling AI-generated material. With the interim report due to be published in the autumn, I think it is timely that I should write to the Secretary of State for Science, Innovation and Technology to outline the concerns that have been debated in the Committee—I am looking to my officials to ensure that we pick this up—because I think it will be very informative for the taskforce’s work. If the hon. Gentleman is happy for me to do that, I will do so.
Finally, the Government recognise that there are potential issues with section 106 of the Representation of the People Act 1983, which the hon. Member for North Herefordshire mentioned. We are reviewing how that legislation should apply in a modern electoral setting and, where necessary, we will take appropriate action to clarify the scope of the section, particularly to make sure that it captures emerging technologies such as deepfakes and other AI technologies and is future-proofed.
Question put and agreed to.
Clause 63 accordingly ordered to stand part of the Bill.
Clause 64 ordered to stand part of the Bill.
Clause 65
Decriminalisation of certain requirements
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider the following:
Schedule 10.
Clause 66 stand part.
Schedule 11.
Clauses 67 to 69 stand part.
New clause 41—Electoral Commission: civil penalties and enforcement—
“(1) PPERA 2000 is amended as set out in subsection (2).
(2) In Schedule 19C, in paragraph 1, after sub-paragraph (1) insert—
‘(1A) When deciding whether to impose a fixed monetary penalty under this Act, the Commission must have regard to whether the penalty will—
(a) change the behaviour of the offender;
(b) eliminate any financial gain or benefit from non-compliance;
(c) be appropriate for the particular offender and regulatory issue;
(d) be proportionate to the nature of the offence and the harm caused;
(e) restore the harm caused by regulatory non-compliance, where appropriate; and
(f) deter future non-compliance.’”
This new clause would put the ‘Macrory principles’ for regulators on to a statutory footing as regards the Electoral Commission.
New clause 46—Power of Electoral Commission to require disclosure from financial institutions—
“In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert—
‘Power to require disclosure from financial institutions
1A (1) The Commission may give a disclosure notice to a financial institution requiring the institution—
(a) to produce, for inspection by the Commission or a person authorised by the Commission, any documents which—
(i) relate to the income and expenditure of an organisation or individual to which paragraph 1 applies, and
(ii) are reasonably required by the Commission for the purposes of carrying out their functions; or
(b) to provide the Commission, or a person authorised by the Commission, with any information or explanation which relates to that income and expenditure and is reasonably required by the Commission for those purposes.
(2) A financial institution to whom a disclosure notice is given shall comply with it within such reasonable time as is specified in the notice.
(3) In this paragraph, “financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule).’”
This new clause gives the Electoral Commission the power to require information from a financial institution relating to the income and expenditure of political parties and associated individuals.
New clause 53—Electoral Commission: pre-investigation decision notices—
“(1) PPERA 2000 is amended as set out in subsection (2).
(2) In Schedule 19B, paragraph 3, subparagraph (5), at end insert—
‘or;
(b) relevant to determining whether to start an investigation.’”
This would enable the Electoral Commission to require information before launching a formal investigation.
New clause 57—Electoral Commission fining power—
“(1) Schedule 1, paragraph 5, to the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 is amended as set out in subsection (2).
(2) For ‘is £20,000’, substitute ‘is the greater of—
(a) £500,000, or
(b) 4% of the total campaign expenditure incurred by the person or organisation during the relevant regulated period.’
(3) At end of sub-paragraph (1) of paragraph 16 of Schedule 19C to PPERA 2000 insert—
‘(1A) Notwithstanding sub-paragraph (1), the Secretary of State may only make a supplementary order which amends the percentage of campaign expenditure incurred by the person or organisation during the relevant regulated period which can be used as a maximum monetary penalty by the Electoral Commission, if the condition in sub-paragraph (1B) has been met.
(1B) The condition in this sub-paragraph is that a recommendation for the amendment has been made to the Secretary of State by the Electoral Commission following consultation with the Ethics and Integrity Commission.’”
This new clause amends the Electoral Commission’s power to fine, increasing its maximum from £20,000 to £500,000 or 4% of campaign spending, whichever is higher. It further prevents the percentage used being changed through Order unless a recommendation has been made by the Electoral Commission following consultation with the Ethics and Integrity Commission.
The Chair
While it was convenient to debate those new clauses with the last group, it will not be convenient to reach a decision on them until much later in our proceedings.
I will speak to clauses 65 to 69 before turning to the new clauses tabled by hon. Members.
Under the current enforcement framework, most political finance offences, regardless of their severity, are treated as possible criminal offences, even when they amount to minor administrative breaches, such as the late submission of campaign expenditure reports. While criminal investigation and prosecution for such offences is rare, key stakeholders, including the Electoral Commission and the Ethics and Integrity Commission, have expressed concerns that the possibility of criminal prosecution for minor errors can deter participation in campaigning. Clause 65 and subsequent secondary legislation will address this by decriminalising administrative offences under the Political Parties, Elections and Referendums Act 2000, so that they will be punishable only through civil sanctions by the Electoral Commission rather than criminal prosecution.
We have worked closely with the Electoral Commission to determine which offences under PPERA should be decriminalised. Broadly, they relate to failures to comply with reporting requirements, such as failing to deliver a campaign expenditure return within the statutory time limit or failing to deliver a proper statement of accounts. Serious breaches, including intentional or reckless misreporting, will remain criminal offences and will continue to be investigated by the police and subject to criminal prosecution.
This will provide much-needed clarity that the Electoral Commission is responsible for enforcing such administrative breaches, allowing police resources to be directed towards tackling more serious criminal offences and clamping down on foreign money entering politics. In addition, by removing the threat of criminal prosecution for minor infractions, the clause will encourage participation by individuals and organisations that wish to campaign, while ensuring more proportionate enforcement of the rules.
Turning to clause 66, robust and proportionate enforcement of political finance law is essential for sustaining trust in our democracy. However, there is currently an enforcement gap in electoral regulation. Since 2010, to provide for more flexible and encompassing enforcement, the Electoral Commission has been able to impose civil sanctions for certain offences committed by political parties, third-party campaigners and referendum participants. In contrast, offences committed in relation to candidates and recall petition campaigners are subject only to criminal sanctions and enforcement by the police. Practically speaking, this means that breaches of the rules can be addressed only through police investigation and criminal prosecution, even where a breach is minor or unintentional. Yet criminal prosecution for minor infractions is frequently considered disproportionate to the offence and not in the public interest, which means that breaches of the rules often go unaddressed and unsanctioned.
This enforcement gap risks undermining public trust in the integrity of the electoral system by creating the perception that the rules are not being enforced and that campaigners are not complying with them. At the same time, it can create a fear of criminal prosecution for candidates, election agents and recall petition campaigners, who could face police investigation for relatively minor breaches of the law.
Clause 66 is intended to close that gap by extending the Electoral Commission’s enforcement remit, including its investigatory and civil sanctioning powers, to cover offences in relation to candidates and recall petition campaigners. Criminal prosecution will remain available for the most serious offences involving intentional or reckless breaches of the rules, but the EC will also now be able to apply its considerable knowledge and expertise to the enforcement of breaches across the political finance framework, providing for a more encompassing, proportionate and robust regime.
Clause 67 removes the statutory cap on the maximum fine that the Electoral Commission can impose for certain offences. Currently, where an offence is punishable on summary conviction by a fine, the penalty imposed by the EC may not exceed that which can be imposed by the court. The maximum fine that can be imposed by a court in such instances is unlimited in England and Wales, but £10,000 in Scotland and £5,000 in Northern Ireland.
The purpose of removing these restrictions is to ensure that the Electoral Commission’s maximum fine can be applied uniformly across all relevant offences around the UK. We will be increasing the maximum fine level in secondary legislation. This will ensure that the Electoral Commission’s new maximum fine provides a meaningful deterrent against violations of the rules across the UK, no matter where the offence is committed.
As the regulator, the Electoral Commission is invaluable in upholding trust in our democracy. That is why we are expanding the commission’s role and powers, including extending its enforcement remit and increasing its maximum fine. We intend for the Electoral Commission’s expanded role and powers to apply UK-wide at all elections, including parliamentary and local government elections.
As I understand it, we will be setting the maximum fine in secondary legislation, but I will confirm that, because I have almost lost the thread of what I was saying.
I apologise to the Minister for making her lose her trail. I also am at that stage in the afternoon where things are not going in as well as they probably were this morning. I asked the question because, at the moment, the courts have an unlimited maximum fine. I just got confused about whether the Minister was setting a maximum fine through secondary legislation, which she has now clarified. As we on the Committee are discussing the changes to the Electoral Commission’s responsibilities, which the Minister has been clear about throughout the day, would she give us an indication of what that maximum fine might be? Why is she waiting until secondary legislation to set the level of that fine?
It is our intention to increase the maximum fine level in secondary legislation, as I stated earlier. Its level will be debated at that time. We will debate it in secondary legislation, but it needs to remain proportionate, and we need to move towards it in a considered way and debate it then.
I think there is a high degree of political agreement that this is the right direction of travel. Could the Minister say a little bit more about the assessment that the Department will have done about the resource implications for the Electoral Commission? We are all conscious that regulatory enforcement can come at an enormous cost to the regulator, especially where bad actors have specifically structured arrangements to evade rules and enforcement.
We have seen examples in other jurisdictions where political action committees, fake political parties and short-term political parties have been set up specifically to get around the regulations set out in light terms in the Bill. Given that that is likely to be partially funded by a costs award in the event of somebody having been found to be in breach, alongside the fine, could the Minister indicate what she thinks the cost implications are for the Electoral Commission? That is especially given that we have seen regulators in multiple jurisdictions face enormous costs for the legal process required to enforce their judgments.
My officials work very closely with the Electoral Commission and would not have acted without consideration and with consultation with it. I remind the Committee that decisions about the resourcing of the Electoral Commission fall to the Speaker’s Committee on the Electoral Commission. That is the route by which it is funded. We would not want to make regulation too burdensome, but correspondingly, the Electoral Commission reports to the Speaker’s Committee regularly about its resourcing needs. Indeed, mostly recently, it returned money to the Speaker’s Committee that it did not feel it needed. To reassure Members, officials work closely with it to ensure there is sufficient resource.
Our policy ambition is for these legislative changes to be consistent across reserved and devolved elections and to be commenced in a way that provides clarity to campaigners on how the rules will be enforced across all elections. Clause 68 provides for that, as it allows the Secretary of State to make provisions that could otherwise be made by Scottish or Welsh Ministers, but only with the consent of Scottish or Welsh Ministers. In practice, subject to the agreement of the devolved Governments, that will enable us to introduce a uniform set of changes to the role and power of the Electoral Commission in relation to local government elections in Scotland and Wales.
I turn to clause 69. The Electoral Commission currently lacks an explicit statutory gateway to disclose information to other regulators and law enforcement bodies. The lack of an explicit legal basis for information sharing forces the commission to rely on incidental powers or bespoke memorandums of understanding to disclose information. Those arrangements create unnecessary complexity and delays, and make information sharing more burdensome than it ought to be. They have embedded unnecessary friction into the system, slowing co-operation between regulators on important cross-cutting regulatory issues, and frustrating the very bodies charged with upholding the integrity of our democratic processes.
To underpin our wider reforms to strengthen enforcement, the clause provides a clear legal basis for information sharing, enabling the commission to disclose information to specified regulators and enforcement bodies. It will nurture an environment of collaboration between relevant bodies on cross-cutting issues such as foreign interference, data protection and digital campaigning. To ensure that the information-sharing gateway remains effective as the regulatory landscape evolves, the list of bodies can be amended by the Secretary of State, following consultation with the Electoral Commission and subject to parliamentary approval via the affirmative procedure.
The Government note that one of the recommendations of the Rycroft report is to build on this measure and make the information-sharing gateway reciprocal, to provide clarity that the Electoral Commission can also receive information from relevant bodies. We are carefully considering all the recommendations from the Rycroft review. We will issue a full Government response in due course, and, where appropriate, we will introduce new amendments to the Bill.
With those assurances, I commend clause 69 to the Committee. I will allow other Members to speak to the new clauses and I will respond to them in due course.
The Chair
I reinforce that this is the only opportunity that the Committee will have to debate those new clauses.
I thank the Minister again for—I am not being facetious—her comprehensive explanation. We have been here for most of the day. These are very complicated issues, and she has been speaking an awful lot because of the importance of this legislation. I do not envy her. I will speak to new clause 41 in my name, to be voted on at another point. We welcome clause 65, but we have some questions on clause 67.
As the Minister outlined, clause 65 and schedule 10 decriminalise certain offences in PPERA. They relate to administrative requirements for political parties and others regulated by that legislation and the commission. For example, it is currently an offence for a party treasurer to fail to deliver annual accounts or reports of election expenses to the commission. The provisions will also make the necessary consequential amendments to allow the requirements to come under the commission’s civil sanctioning regime.
Clause 66 is a fairly simple clause, which extends the Electoral Commission’s remit to be the primary enforcer of all imprint rules. I would like to pick up on a theme from my hon. Friend the Member for Ruislip, Northwood and Pinner, which I also brought up earlier: the impact on the Electoral Commission’s ability to do its job properly, in relation to what it currently does compared with what the Government will ask it to do after the legislation passes.
The Minister has made it clear that officials are working with representatives of the commission. I know that she works with them as well, and they have not necessarily said that they are unhappy about receiving this new responsibility. However, my general experience from working in the public sector and serving as a local authority councillor is that, in this world of organisations that are often controlled by Treasury spending budgets, or, as the Minister outlined, the Speaker’s Committee on the Electoral Commission, no one says no to extra responsibility if they think they are going to get some more dosh—let us put it that way.
Will the commission get enough cash to be able to manage the regulatory burdens that the Government are placing on it? I am beginning to worry that with the plethora of new responsibilities, we will have to see quite a large uplift in the commission’s budgets. I have not heard convincing defences that the Electoral Commission has verbally or formally remarked to the Government that it is content to receive that much responsibility. I am sure that the Minister will come back to talk about that.
Clause 67 will increase the maximum fine that the commission could impose in a civil sanction for some summary offences. We have concerns about the size of the proposed increase in Electoral Commission civil sanction fines. The courts already have powers to levy unlimited fines. At the very least, the Macrory principles on proportionate regulatory enforcement should be embedded in law—that is what we aim to achieve in new clause 41. The Electoral Commission’s strategy and policy statement recommends the application of the Macrory principles, including
“the use of requests for improvements before resorting to fines and the need to conduct investigations in a timely manner.”
The Electoral Commission has civil sanctioning powers that apply to national referendums and elections. More serious criminal matters can be—and are—referred to the police and Crown Prosecution Service, and are then considered by a court of law. The courts already have the power to levy unlimited fines and criminal sanctions. Unlimited fines are potentially a heavy, significant punishment. That is why it would be appropriate for a judicial check and a fair hearing in a court of law. Indeed, such massive civil fines would likely be challenged via lawyers in the courts anyway, as we have seen with the Information Commissioner and general data protection regulation fines.
In relation to the Minister’s opening remarks about setting the level of the Electoral Commission fine at secondary legislation, I am concerned that that is because of, quite frankly, the unpreparedness of the Government. They have put a lot of legislation forward without properly consulting the Electoral Commission and are rushing, as we have said all along in this legislation, to try and legislate without necessarily thinking things through.
Opposition Members did ask about the level at which we would set the fine. I have now consulted my notes; we intend, through secondary legislation, to increase the limit to £500,000 per offence. That will be done through secondary legislation.
I thank the Minister for that; that clarity is welcome. I still question why that needs to be done at secondary legislation. If the Minister knows the maximum fine limit for the Electoral Commission today, she could have put that in the legislation or brought forward an amendment to be discussed in Committee. She has chosen not to do that; I am interested to know why she has chosen not to do that and is waiting for secondary legislation to do so. Perhaps she will come back and tell the Committee why that is the case.
My point still stands. The fact that she is looking to set the fine at the secondary legislation stage outlines that, once again, the Government are asking the Electoral Commission to do a great number of things that it currently does not do. I am not convinced, unless the Minister can reassure me in writing or come back after this Committee, that the Electoral Commission has been properly consulted. Let us not forget that it was the Electoral Commission that criticised the Government for not consulting it on trying to postpone the elections. That was a process where the Government were found to be unlawful—by the Secretary of State on the Floor of the House.
I am concerned that, as we have gone through this legislation, a huge amount has been asked of the Electoral Commission in terms of its responsibility and purview, and the Minister has not reassured me that it is happy with that. I am not convinced that the resource that it currently has would allow it to conduct its operations or, if necessary, investigations on its current physical envelope.
The reality is that the Electoral Commission already imposes fines; it is just that they are not big enough. I argue that, by not setting the level in primary legislation but doing it in secondary legislation, it can be responsive should it need to be changed in the future, which it may need to be. We have talked about the revolving nature of foreign interference; in similar ways, the offences and their gravity may change over time. To be able to respond to that through secondary legislation is important, and we should not be hidebound by requiring primary legislation.
The Electoral Commission is accountable to Parliament, not to Government. It is a very important point to make that the consideration of its comfortableness, abilities or capacity is a discussion for Parliament. My officials work with it collaboratively, and I meet with it regularly. It is comfortable, but we must always remember that it is accountable to Parliament, not to Government.
I will speak to each of the new clauses, beginning with new clause 41, which seeks to place the Macrory principles on a statutory footing in relation to the Electoral Commission’s use of civil sanctioning powers.
We fully recognise the importance of the Macrory principles and agree that regulatory enforcement should always be flexible, transparent and proportionate. These principles were designed to guide the construction of regulatory systems and sanction regimes. As such, the Macrory principles directed the development of the Electoral Commission’s regime of civil sanctions, which was introduced by the Political Parties and Elections Act 2009 and therefore is already embedded in the commission’s regulatory practices. That includes the ability to issue fines for a wide range of offences, the use of stop notices and enforcement undertakings, and provision for representations and appeals.
The Electoral Commission is also required to publish guidance on its use of such powers, which it must have regard to when exercising its functions. It does this through its enforcement policy. Therefore, fairness and proportionality are already central to how the Electoral Commission operates. Indeed, the commission’s enforcement policy explicitly states that it will impose sanctions where appropriate, proportionate and in the public interest. For that reason, we do not consider it necessary or appropriate to apply the Macrory principles as the new clause proposes. The Electoral Commission is, and must remain, an independent regulator. It is vital that it retains the flexibility it needs to decide how best to use its enforcement powers, rather than being tied to a rigid statutory checklist for individual enforcement decisions.
The Government have been clear in our commitment to strengthening the Electoral Commission’s independence, including through the repeal of the strategy and policy statement, which the commission was previously required to consider in the exercise of its functions. Introducing further statutory requirements of this kind risks cutting across that principle and altering the balance of the commission’s operational autonomy. There is a very real risk that amending PPERA to codify these principles in this way is unnecessarily duplicative and could lead to legal uncertainty. Enforcement decisions could become a quagmire of legal challenge, which would delay action and weaken the commission’s overall effectiveness as a regulator. Having given these assurances, I hope that the hon. Member for Hamble Valley will not press new clause 41.
I turn now to new clause 53, which seeks to provide the Electoral Commission with powers to request information from any person where such information is relevant to determining whether to open an investigation. The Government recognise the importance of ensuring that the commission has the right tools it needs to make informed decisions about potential breaches of political finance rules. The commission already has substantial information-gathering powers to support its regulatory functions, including the enforcement of political finance and imprint rules. That said, the Government recognise that we cannot be complacent, which is why we commissioned the Rycroft review to consider whether political finance rules and their enforcement can be strengthened in the light of emerging risks, including covert funding and foreign interference.
Although we do not support the amendment, we are carefully considering relevant recommendations from the Rycroft review that reinforce measures already included in the Bill to ensure political finance rules and their enforcement remain robust and fit for purpose. There will be a full Government response to the review, and we will consider whether further amendments to the Bill are appropriate in the light of that work. With those reassurances, I hope the hon. Member will withdraw her amendment.
New clause 57 seeks to increase the Electoral Commission’s maximum fine from £20,000 per offence to a new maximum of £500,000 or 4% of campaign expenditure, whichever is greater. It also requires that any order seeking to amend the suggested percentage can be made only if recommended by the Electoral Commission following consultation with the Ethics and Integrity Commission. The Government fully recognise the importance of ensuring that the commission has robust enforcement powers. A strong and proportionate civil sanctions regime is essential for securing compliance with the rules and upholding trust in our democracy.
The current maximum fine of £20,000 does not provide a meaningful deterrent against rule breaking. The Electoral Commission has argued for a long time that it risks becoming a mere cost of doing business for the largest political parties and campaigners. The Government agree that increasing the maximum fine is essential, so that sanctions reflect the scale of modern political campaigning and ensure that all campaigners, no matter how large, face significant repercussions when the rules are broken. That is why we intend, through secondary legislation, to increase the commission’s maximum fine significantly to up to £500,000 per offence.
The reason why the change will be made through secondary legislation is that Parliament has already provided the Secretary of State with the power to make supplementary orders in relation to the Electoral Commission’s civil sanction regime. Any such order is subject to parliamentary approval under the affirmative procedure. It was through the exercise of that power, and through that process, that the existing maximum fine was established in the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010, which is referenced in the new clause. It is therefore appropriate to follow the same process for making changes to the commission’s regime of civil sanctions where it is already provided for in legislation.
In terms of adding statutory requirements that must be met before the Secretary of State can make a supplementary order, the Government have seen no evidence that such conditions are necessary. We have worked closely with the Electoral Commission through the development of the measures in the Bill, and we will continue to work collaboratively as we develop the detail of proposals for increasing the maximum fine that it can impose. Those details will be set out in secondary legislation in due course, and at that time Parliament will rightly have the opportunity to scrutinise and debate the Government’s approach and consider whether to approve the legislation. For those reasons, and with those reassurances in place, I hope the hon. Member will withdraw her amendment.
We have considered it, and we have decided to opt for a fine of £500,000. However, when we introduce the secondary legislation, the debate may flesh out that argument, and the figure may change, should secondary legislation and the debate lead to that conclusion. However, at this stage, we will not accept the amendment.
New clause 46 seeks to give the Electoral Commission powers to compel financial institutions to disclose information related to income and expenditure of regulated entities, such as political parties and candidates, where it is reasonably required by the commission to carry out its functions. The Government fully recognise the importance of ensuring that the commission has the tools it needs to enforce compliance with political finance rules. The commission already has substantial information gathering powers to support its regulatory functions, including the enforcement of political finance and imprint rules.
That said, the Government recognise that we cannot be complacent, which is why we commissioned the Rycroft review to consider whether political finance rules and their enforcement can be strengthened in the light of emerging risks, including covert funding and foreign interference. As Members know, we are considering the relevant recommendations of the review that could reinforce measures already in the Bill to ensure that political finance rules and their enforcement remains robust and fit for purpose. I note that new clause 46 draws on a recommendation from the Joint Committee on the National Security Strategy and covers very similar ground to one of Mr Rycroft’s recommendations. We will revert with a full Government response to the review and consider whether to make further amendments to the Bill in the light of that work.
Question put and agreed to.
Clause 65 accordingly ordered to stand part of the Bill.
Schedule 10 agreed to.
Clause 66 ordered to stand part of the Bill.
Schedule 11 agreed to.
Clauses 67 to 69 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Deirdre Costigan.)
(5 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
With this it will be convenient to discuss the following:
Amendment 38, in clause 71, page 92, line 35, after “candidates,” insert “candidates’ relatives, candidates’ staff,”.
This amendment would, with NC55, include family members and staff of candidates as people towards whom hostility would be treated as an aggravating factor.
Clauses 71 to 74 stand part.
New clause 55—Hostility towards relatives and staff of candidates etc.
“(1) Part 5 of the Elections Act 2022 (disqualification of offenders for holding elective office etc.) is amended as follows.
(2) After section 32 (candidates etc.) insert—
‘32A Relatives and staff of candidates
(1) A person falls within this section if the person is—
(a) a relative; or
(b) a member of staff;
of a person described in section 32 (candidates etc.).
(2) For the purposes of subsection (1a) “relative” has the meaning given by section 63(1) of the Family Law Act 1996.
(3) For the purposes of subsection (1b) “member of staff” means a person who is employed by or working under the direction of a person described in section 32 (candidates etc.).’”
This new clause would, with Amendment 38, add relatives and staff of candidates to the persons against which hostility may lead to a disqualification order and for the purposes of a statutory aggravating factor.
It is a pleasure to serve under your chairship, Dame Siobhain. I will speak to clauses 70 to 74 first, and we will come to the amendments tabled by the Liberal Democrats later.
Harassment and intimidation of voters, electoral staff and campaigners, both online and in person, is unacceptable and has a profoundly detrimental impact on the UK’s democratic processes. We know that electoral staff faced unacceptable abuse and intimidation during the 2024 general election. That is why we are extending the scope of the disqualification order to ensure that electoral staff are provided with the same protection as candidates, campaigners and elective office holders.
Clause 70 will enhance the disqualification order’s ability to protect those who participate in public life, and those who play a crucial part in the administration and delivery of elections. It will also act as a deterrent, signalling that intimidatory behaviour is a serious matter that must not be allowed to damage our democracy.
It is clear that more must be done to tackle the abuse and intimidation directed at those who participate in elections and political debate. While disqualification orders are a key part of tackling the unacceptable harassment and intimidation of those in public life, they do nothing to prevent those who have no interest in standing as a candidate from engaging in intimidatory or abusive behaviour. Clause 71 introduces a new statutory aggravating factor, which will empower courts to apply an uplift when passing sentence for an offence linked to intimidation. This is where the offender was motivated by hostility towards candidates, campaigners, elective office holders and electoral officials and their staff.
Clause 72 introduces this new statutory aggravating factor in Northern Ireland, and amends the location of the pre-existing Scottish aggravating factor. This is a significant new deterrent for those who seek to damage the UK’s democracy or intimidate those who uphold it, and will ensure that anyone who does so will be subject to appropriate criminal justice penalties.
Let us turn to clause 73. Disqualification orders were introduced in the Elections Act 2022, to be imposed on offenders throughout the UK who commit crimes of hostility against electoral candidates, campaigners and officer holders. Scotland introduced Scottish disqualification orders in the Scottish Elections (Representation and Reform) Act 2025, which gave similar protection to a fourth category: Scottish electoral officials. The Bill extends the scope of the disqualification order in the Elections Act 2022 to protect electoral officials throughout the UK, but Scottish electoral officials will continue to be covered by the Scottish legislation.
To ensure that there is a fully reciprocal relationship between disqualification orders in Scotland and the rest of the UK, the Bill also applies the effect of Scottish disqualification orders to relevant elective offices throughout the UK. That ensures that if someone is disqualified from standing for or holding office in Scotland, they will also be unable to stand for or hold office in the rest of the UK, and vice versa.
That will ensure a consistent approach throughout the UK for intimidatory behaviour towards those who participate in public life. If a person is convicted of specific criminal offences, motivated by hostility towards candidates, future candidates, substitutes, nominees, campaigners, holders of relevant elective office or electoral officials, they will be prohibited from standing for or holding office for five years across the UK. Clause 74 builds on the measures introduced in clause73, and makes amendments to various pieces of legislation to apply the Scottish disqualification order to relevant elected offices across the UK.
Good morning, Dame Siobhain; it is a pleasure to serve under your chairmanship. Thank you for the information about a photographer being present; had I known, I would have had a shave this morning. Normally, we can only be heard in audio and, as my mother says, I have a face that only a mother could love.
We welcome the Minister outlining the parameters of the clauses, and welcome the fact that the Government are taking the safety of election staff seriously. They are public facing, and work with us on an equal basis to ensure that democracy works. We therefore strongly welcome the fact that the Government are extending these protections to election staff. Officer teams across the whole country are very busy at the moment; we know that from our various involvements with election returning officers, and the election staff who are making sure that everybody who is entitled to vote can do so via different methods.
When an officer reads out the results on television, and faces an inquiry from somebody who they do not satisfy, that can spur on the kind of attacks and threats that we receive as publicly elected officials. It is therefore absolutely right that such officers should enjoy the same protections that we do. As I say, the Government should be congratulated on taking this matter seriously.
It therefore makes perfect sense to amend the sentencing code for England and Wales in clause 71 regarding offences that have been committed under the Elections Act 2022, so that going forward this can be treated as an aggravating factor. Of course, it is also perfectly sensible that the provisions apply to Northern Ireland, too.
We strongly welcome the Government’s action on this; it should be supported by everybody. I wanted to put it on the record that the Minister should be congratulated for it.
Dr Ellie Chowns (North Herefordshire) (Green)
It is a pleasure to serve under your chairship, Dame Siobhain. I rise briefly to say that I fully support these measures, which are clearly welcomed across all parties. I also support the comments of the hon. Member for Guildford in relation to extending the measures further, because by definition, anybody who is essentially associated with the political process is potentially subject to the hostility that we have discussed. Extending those protections is clearly important.
Those who are convicted of relevant offences motivated by hostility against a candidate, campaigner or elective office holder can be banned from standing for or holding elective office for five years. As I have set out, the Bill will also introduce a new aggravating factor for those same offences and extend the regime to include relevant offences motivated by hostility against electoral staff.
Amendment 38 and new clause 55 would extend the list of relevant persons to include candidates’ staff and their relatives. I am pleased to inform the Committee that the regime already covers those circumstances. The application of the existing disqualification order and new aggravating factor is based on the motivation behind the offence committed, regardless of precisely who the offence was committed against. For example, if it were found that a relevant offence was committed against a candidate’s relative for the purpose of intimidating the candidate, ultimately the offence was motivated by hostility towards the candidate, and thus a disqualification order or aggravating factor could be applied.
Regarding employees of candidates specifically, I draw the attention of the hon. Member for Guildford to the fact that campaigners employed by candidates are already directly protected under the regime by section 34 of the Elections Act 2022. Other employees would be covered indirectly in the same way that I have outlined for a candidate’s relatives. I hope the hon. Member is reassured by that and will consider not pressing the amendment.
On new clause 55 and amendment 38, I understand why the hon. Member for Guildford, the Liberal Democrat spokesperson, is attempting to change the legislation.
The Minister may remember that we had a back-and-forth in relation to the security briefings being offered to candidates through Operation Ford, and the Government’s amendments. Has she given any more thought to a statutory timeline, and guidance on making sure that candidates are offered those briefings in a reasonable timeframe so that nobody slips through the net because the police force has not got around to it? That may inform the decision of the hon. Member for Guildford regarding whether to press the new clause and amendment to a vote.
The Government’s view is that the Electoral Commission is working hard, and that to prescribe timetables would place a restriction on it that we do not feel is required. Given the good, proactive work that it already does in this area, with the Government working alongside it, we do not feel it necessary to place a statutory duty on the Electoral Commission. With JESP, the Department and the Electoral Commission working hard across the electoral landscape, we do not feel that the amendment and the new clause are necessary, so I respectfully ask the hon. Member not to push them to a vote.
Question put and agreed to.
Clause 70 accordingly ordered to stand part of the Bill.
Clauses 71 to 74 ordered to stand part of the Bill.
New Clause 14
Removal of strategy and policy statement
“(1) In Part 1 of PPERA 2000 (the Electoral Commission) omit—
(a) sections 4A to 4E and the italic heading before those sections (strategy and policy statement);
(b) section 13ZA and the italic heading before that section (examination by the Speaker’s Committee of the Electoral Commission’s performance of duty to have regard to strategy and policy statement).
(2) Omit sections 16 and 17(1) of the Elections Act 2022 (which inserted the sections repealed by subsection (1)).
(3) The Electoral Commission is not required to publish a report under section 4B(4) of PPERA 2000 in relation to any 12-month period ending on or after the day on which this section comes into force.”—(Samantha Dixon.)
This new clause removes provision about the designation of a strategy and policy statement for the Electoral Commission.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
The new clause removes provisions allowing the designation of a strategy and policy statement for the Electoral Commission. For the health of our democracy, it is essential that the Electoral Commission is fearlessly independent, commands trust across the political spectrum and the public, and is seen to operate free from political influence. We have listened to stakeholders and recognise that re-establishing the principle of independence for our elections regulator is vital for public confidence in our electoral system.
That move is a response to the recommendations of the Ethics and Integrity Commission, parliamentary Committees, the Electoral Commission itself as well as civil society organisations such as Transparency International and Spotlight on Corruption, all of whom emphasised that Government powers to designate a statement are incompatible with the commission’s independence.
That is why we have taken clear action by tabling this new clause. Ministers will no longer have the power to designate a strategy and policy statement, and the Electoral Commission will no longer be required to have regard to one. The Electoral Commission will rightly remain accountable to Parliament through the Speaker’s Committee. The new clause would reinforce the foundational principles of the Electoral Commission’s independence, and it would restore confidence in its ability to oversee elections and regulate political finance, without fear or favour, into the future. For that reason, I urge Members to accept the new clause.
I thank the hon. Lady very much.
Question put and agreed to.
New clause 14 accordingly read a Second time, and added to the Bill.
New Clause 60
Power of Scottish Ministers to vary sums in Schedule 7 to PPERA 2000
“In section 155 of PPERA 2000 (power to vary specified sums or percentages), in subsection (1A)—
(a) after ‘vary’ insert ‘—
(a) ’;
(b) at the end insert
‘, or
(b) any sum for the time being specified in Schedule 7 so far as that sum applies in relation to a donation to a member of a local authority in Scotland who is not also a member of a registered party.’”—(Samantha Dixon.)
This new clause, which would be inserted after clause 62, amends section 155(1A) of the Political Parties, Elections and Referendums Act 2000 to provide a power for the Scottish Ministers to vary the sums in Schedule 7 (control of donations to individuals and member associations), so far as they relate to areas of devolved competence.
Brought up, read the First and Second time, and added to the Bill.
New Clause 2
Permissible donors not to include individuals serving a foreign administration
“(1) Section 54 of PPERA 2000 (permissible donors) is amended as follows.
(2) After subsection (2) insert—
‘(2A) An individual who would otherwise fall within subsection (2)(a) is not a permissible donor if that individual is, or has been—
(a) a member of, or
(b) a politically-appointed adviser to
a foreign administration.’
(3) After subsection (8) insert—
‘(9) In subsection (2A)—
“foreign administration” means the government or state apparatus of any country or territory outside the United Kingdom;
“member” includes elected and appointed members.’”—(Lisa Smart.)
This new clause would ban those who are or have been members of a foreign administration, or advisers to a foreign administration, from donating money to a political party, think tank or campaigning body.
Brought up, and read the First time.
Lisa Smart (Hazel Grove) (LD)
I beg to move, That the clause be read a Second time.
The Government fully recognise the seriousness of the threat posed by foreign interference in our democracy. Protecting the integrity of UK elections is essential, which is why it is a criminal offence to accept or facilitate donations from foreign sources, and why the Bill seeks to strengthen the system further. However, while I can understand and appreciate the intention behind new clause 2, we do not believe that it is the right way to address this threat.
First, new clause 2 takes a broad and untargeted approach that would permanently bar any individual who
“is, or has been…a member of, or…adviser to a foreign administration”
from making political donations, regardless of how long ago that role was held, its nature or whether there is any ongoing connection to a foreign state. That risks excluding individuals who are entitled to participate in UK political life, and who pose no credible risk of foreign interference.
Secondly, there would be issues of enforceability. I will not spend much time on this particular point, because it is important that I set out our arguments on the principle, and what I think the right answer to this is, but following the approach of new clause 2 would mean relying on definitions of persons that are difficult to get right and can be unenforceable in practice. The amendment relies on concepts such as a “politically-appointed adviser”, which is opaque, legally speaking, and risks creating legal uncertainty for campaigners and regulators.
Thirdly, and more fundamentally, where the concern is hostile activity by, or on behalf of, foreign states, we already have robust and targeted tools in our national security legislation, which is complemented by safeguards in electoral law that we are seeking to enhance through the Bill. The National Security Act 2023 provides a clear criminal framework for tackling hostile state activity, including the foreign interference offence, which is specifically designed to capture conduct carried out on behalf of a foreign power to influence the UK’s political system.
Existing electoral law is designed to ensure that money can only come from permissible sources and criminalises the acceptance or facilitation of donations from impermissible foreign sources. The Bill significantly strengthens the existing rules so that in future even donations that are potentially risky are identified earlier, scrutinised more closely, and returned where necessary.
By introducing robust “know your donor” checks and requiring all donors to declare any benefits they have received in connection with their donation, we are reducing the space in which individuals who pose a real risk, or their proxies, can operate under the radar. Our new measures directly respond to the concerns raised by the hon. Member for Hazel Grove, as well as those of other key stakeholders, such as the Electoral Commission, the Committee on Standards in Public Life and the National Crime Agency. With that, I hope she feels she can withdraw her amendment.
New clause 3 seeks to prevent those convicted of a prescribed offence relating to the promotion, incitement, or use of political violence from making political donations. Currently, if an individual is convicted of such an offence, that conduct rightly affects their democratic rights, including their ability to stand for election or to hold elected office. This helps to deter those who would undermine the democratic rights of others, such as candidates contesting an election.
The Government are absolutely aligned with the intention behind this proposal. Political violence and its promotion or incitement have no place in our democracy, and we are clear that those who seek to undermine democratic participation through violence or intimidation should face serious consequences. The question, however, is not whether this behaviour is unacceptable—it plainly is—but whether this is the right legal mechanism to address it.
If this amendment were to be accepted, it would represent a significant shift in the purpose of political finance law, which is about ensuring only those individuals who have a legitimate interest in our elections can support candidates and campaigns through their vote, volunteering their time or offering financial support. Although I share the hon. Member’s concern, the Government believe that this amendment does not address a regulatory gap and would not further our shared aim of reducing harassment and intimidation in politics.
The harassment and intimidation of voters, electoral staff and campaigners is unacceptable and has a profoundly detrimental impact on our democracy. That is why we are taking forward several interventions in the Bill to tackle this issue, which we have already discussed in great detail, and are doing so through criminal law, electoral offences and disqualification, rather than through political finance rules, which are not designed to address conduct. With those reassurances, I hope the hon. Member will withdraw her amendment.
Lisa Smart
I listened closely to what the Minister said, and I understand the thrust of her view that existing rules would cover the conduct that we are seeking to avoid. Will the Minister think of the specific case of Elon Musk, the owner of X? He spoke at a rally via video link and incited violence. He has also talked, at separate times, about donating to a UK political party. UK companies are part of his group; there would be a way for him to channel funding through a UK company. Will the Minister let me know what I am missing that would stop Elon Musk doing that?
I have said this before and I will say it again: the Bill is not designed to prevent specific individuals from participating in or undermining elections. It is about the general regulatory framework and criminal law that we intend to implement, uphold and shore up to prevent certain behaviours in the future. It is not about specific individuals, so I decline to respond the hon. Member’s comments, except to say simply that the legislation, in its entirety, aims to root out political violence, harassment and intimidation.
New clause 15 proposes to require candidates at UK parliamentary elections, in order to be validly nominated, to complete a declaration on whether they have received any income or gifts from foreign nations or connected entities. A registered political party would be responsible for ensuring that such a declaration had been completed before allowing a candidate to be nominated as a candidate for that party. The Government are strengthening the rules around political finance to protect against foreign interference and have introduced several measures, which we have discussed, that will apply to candidates. The reforms will make it significantly more difficult for malign actors to interfere in our elections.
As hon. Members know, and as I have said many times, the Rycroft review has recommended that the Government look further at enhancing rules for candidates to ensure that money received previously and then used in campaigns comes from permitted sources. The Government are carefully—and I underline that point—considering that recommendation, among all the others. The Government share the concern of the hon. Member for Hazel Grove but, in light of that ongoing work, I ask her not to move new clause 15.
New clause 16 seeks to require registered parties to produce an annual risk mitigation statement relating to donations originating from foreign nations, and to commission an annual independent investigation into donations that they receive from foreign-owned UK entities. Foreign money has no place in the UK’s political system. We recognise the hon. Member’s concerns that the nature of foreign interference is evolving, with threats becoming increasingly sophisticated. That is precisely why the Government have introduced a package of measures that work together to close potential loopholes and address vulnerabilities to foreign interference.
Via secondary legislation we will require donors to declare any benefits linked to their donations and we will strengthen donation rules to ensure that companies must demonstrate a genuine and substantive UK connection. Those changes will help to ensure that political donations genuinely reflect UK-based interests and will prevent the use of shell companies to channel impermissible donations. In practice, where behaviour is not already criminal, the new “know your donor” regime already addresses much of the issue that new clause 16 seeks to tackle. However, the new clause’s approach of annual risk mitigation statements and retrospective investigations of foreign nation donations is less proactive than the risk-based duty that the Bill introduces.
As a reminder, rather than relying on parties to report annually about what they consider appropriate, the “know your donor” regime introduces risk-based due diligence on significant donations across the electoral regime. For the first time, recipients of donations will be required to adopt a risk-based framework for assessing the permissibility of donors, supported by Electoral Commission guidance, which will set out how donees can mitigate potential risks. That means that anyone receiving significant donations, not just parties, must carry out risk assessments, ensuring that the system as a whole is strengthened.
I understand why the Minister is concerned about some of the new clauses, and as I said before, she is right that the Government are trying to tighten up the regime. On her argument that the Electoral Commission does not currently have the responsibilities she outlined, however, does she not agree that there is still a problem with two-way information sharing?
The Minister is absolutely correct to say that the Electoral Commission has the power to access Companies House information and powers under the Economic Crime and Corporate Transparency Act 2023. However, if we look at past examples of registered Chinese Communist party spies giving money to political parties in this House, does she not think it would have been useful if the Labour party, in that case, had known about that via the security services and could have refused the donation? I am not sure whether the Government are filling the hole of two-way information sharing, and that concerns me.
I thank the hon. Gentleman for giving me a breather. As he knows, the Rycroft review considered this matter and—I mean this sincerely; it is not simply a form of words for the Committee —the Government are carefully considering those recommendations and will respond in due course. To give him that assurance: this is part of that consideration.
Alongside the measures I mentioned, enhanced company permissibility tests ensure that only organisations with a genuine and substantive UK connection can donate, closing off key vulnerabilities in our electoral framework. The Government are also committed to robust monitoring and evaluation of the Bill, and anticipate that this will include an impact evaluation assessing whether the policies introduced have achieved their intended aims.
We have discussed the Rycroft review, and I sincerely mean it when I say that we will respond fully in due course to all the measures in it, including on improved co-ordination between the Electoral Commission, the Government, the security services and the police. For those reasons, while I fully understand the commitment of my hon. Friend the Member for Warwick and Leamington to strengthening our defences against foreign interference, the Government do not consider this amendment to be the right mechanism to achieve that end.
Lisa Smart
I am grateful to all who have contributed. I plan to press to a vote all the new clauses that I have spoken to.
I thank both hon. Members. Who would have thought that I could get some agreement from the Liberal Democrats and the Green party? I entirely welcome it: they are absolutely correct. This is not a party political matter; it is a genuine attempt to fill the void that the Government have created through the lack of a timetable for ensuring that we tackle this issue.
The Minister is correct to say that this is a really complicated issue, so we must get it right in this legislation. Electoral reform legislation usually comes before the House only every decade and if we do not get it right, we will allow malign influences into the political process. I hope that the Minister takes that seriously. We stand ready, between stages of the Bill, to have a meeting on a cross-party basis, perhaps through the Parliamentary Parties Panel. The Opposition think that a moratorium is better than a ban, but the right regulatory framework has to be in place. We stand ready to assist.
New clause 4 seeks to make donations made to a registered political party, candidate or agent impermissible if the donation is made wholly or in part with cryptoassets.
New clause 12 purports to take a power so that the Secretary of State may make regulations, drafted by the Electoral Commission, mandating various requirements relating to the political donation of cryptoassets. It seeks to establish that political donations made via cryptoassets would be deemed impermissible unless those regulations were met. It intends to create an effective moratorium on cryptoasset donations until those regulations would be in force. On 25 March, the Secretary of State published the report of the independent review by Sir Philip Rycroft—sorry, I keep knighting him.
It is only a matter of time.
As Members know, we have accepted the review’s recommendation for a moratorium on the use of cryptoassets as political donations in order to safeguard the integrity of our political finance system from foreign interference, and we have been clear that the Government will bring forward their own amendment on this important matter in due course. In doing so, we will work closely with the Electoral Commission to ensure that our proposals are robust and provide sufficient protection for our democracy.
The hon. Member for North Herefordshire asked when the moratorium would end. We intend for it to end once the Electoral Commission and Parliament are confident that the regulatory environment around cryptoassets is robust enough to protect the integrity of our political finance system from foreign interference. I have noted her comment about the FCA. For those reasons, I ask that the hon. Member withdraw her new clause.
New clause 20 would require registered political parties to compile and submit a one-off report to the Electoral Commission detailing donations received by the party made in cryptoassets for the last five years. We agree that cryptoassets present a significant risk, different from other forms of donation. In line with the recommendations from Rycroft, the Secretary of State has announced the moratorium, which we will bring forward in an amendment to the Bill. I recognise that that amendment would result in the Electoral Commission examining donations already made via cryptoassets before the moratorium was in place.
We are reducing the risk going forward, but I should highlight that there have already been some safeguards in place with regards to donations made with cryptoassets before the moratorium. Both existing law and guidance from the Electoral Commission are clear that that the rules and regulations for political donations made in fiat currency also apply to donations made via cryptoassets. It is an offence to attempt to evade the rules on donations by concealing information, giving false information or facilitating an impermissible donation. It would be an offence to cash in cryptocurrency and then use the resulting funds to make a donation, if that were knowingly done to conceal or disguise a donation from an impermissible donor. As such, it is an offence to attempt to evade the rules on donations.
Guidance from the Electoral Commission also makes it clear that recipients must be alert to donors appearing to circumvent permissibility rules, such as by making multiple donations beneath reporting thresholds. I also highlight the fact that the Electoral Commission already has existing investigatory and enforcement powers when there are grounds to suspect illegal activity, including the power to request information or required documentation.
He did. I invited him to come and talk to me about the Bill; other Members received their letters and came.
Putting that to one side—I am being slightly flippant—this has been a very fast-moving environment, and policy has been formulated very quickly in response to Rycroft. I undertake to work collaboratively with the hon. Member for Hamble Valley and Members of all parties as we go forward with the Bill—this is not the end of its passage.
I note the comment made by the hon. Member for North Herefordshire about having a longer Committee stage, but I am mindful that the implementation of other areas of policy needs to continue—so that we can, for example, introduce votes at 16 in time for the next general election. Although we want to go longer, we also want to go quicker. We will work collaboratively as we go forward.
I think the Minister is being slightly sneaky, dare I suggest: she did write to me about having meetings, but there were no proposals in the Bill on cryptocurrency and there still are not. Therefore, that issue was perhaps not within the remit of the legislation. When it came to other aspects of the Bill, I presumed that we would have gone through the usual channels and passages in Committee. The Minister is absolutely right that we did not meet, but that did not include the issue of cryptocurrency in this legislation.
However, had the hon. Gentleman come along, he would have had the opportunity to raise anything he wanted to discuss, as other Members did— I am always happy to meet the hon. Gentleman.
Given the assurances I have provided, particularly that the Government intend to table an amendment on the moratorium period for cryptocurrencies, I hope the hon. Member for North Herefordshire will consider withdrawing her new clause.
Dr Chowns
I tabled the new clause as a probing amendment, and I recognise that the Government have stated their intention to bring other amendments forward. I look forward to engaging constructively with the Government, not necessarily just in formal settings, on the specifics of the issues and concerns I raise. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 6
Overseas electors: postal ballots
“(1) RPA 1985 is amended as follows.
(2) After section (12) insert—
‘12A Overseas electors: postal ballots
(1) The Secretary of State must, by regulation, make provision regarding the casting of postal ballots by overseas electors.
(2) Any regulations made under subsection (1) must provide for overseas electors to be offered the ability—
(a) to request an electronic version of their ballot paper for elections to print using the elector’s own printing facilities; and
(b) in a relevant country, to return their completed ballot paper to a United Kingdom embassy, High Commission or consulate for onward delivery to the relevant returning officer by diplomatic mail to be counted.
(3) For the purposes of this section, “a relevant country” is one where the United Kingdom maintains an embassy, Hight Commission or consulate.
(4) Regulations made under subsection (1) may amend provision made by or under any other Act as necessary.
5) Any regulations made under this section must not be made unless a draft has been laid before and approved by resolution of each House of Parliament.’”— (Zöe Franklin.)
Brought up, and read the First time.
It is not true that the Government do not have an eagerness to resolve issues for overseas voters. They are legitimate voters who should be able to exercise their right to vote without unnecessary barriers, and we recognise the difficulties that they face in trying to participate. Many choose to vote by post, and improvements are being made in the Bill to the postal voting system, which should be beneficial to overseas voters.
The purpose of new clause 6 is to allow for overseas electors to print their own ballot paper. They would then be able to deliver their completed ballot to the relevant consulate, embassy or high commission, to then be delivered to the relevant returning officers via diplomatic mail. That process could allow overseas ballot papers to be posted earlier and reduce the chance that they arrive too late to be counted.
I have already put forward a range of measures in the Bill to improve the resilience and responsiveness of the postal voting system, including changes to deadlines to allow swifter printing and delivery of postal vote packs. The Government welcome suggestions on further improvements that we could make to our postal voting system, but unfortunately we cannot support this new clause. All ballot papers must be uniformly printed and contain security markings to ensure the secrecy of the ballot and prevent fraud. It would not be possible to replicate that consistently if ballot papers were printed on home printers.
New clause 7 relates to using engagement with the UK Passport Office as a means of encouraging UK citizens living overseas to register to vote. It would require the Secretary of State to lay a report before Parliament within six months of the passing of the Bill. The report would cover proposals requiring the UK Passport Office to provide UK citizens living overseas with information on voter registration for UK elections when they apply for a passport or renew their passport.
The Government are committed to improving electoral registration and are actively exploring ways to do so. We intend to explore and test a range of new, automated approaches that make better use of data and make the process easier and quicker for citizens. Separately to the Bill, we are exploring making better use of data that eligible citizens are already providing for other services, and helping to encourage people to register, vote or update their entries on the register. Our focus is on delivering on automated registration approaches, including those set out in the Bill, which allow us to improve voter registration for a greater range of electors.
The purpose of new clause 8 and amendment 3 is to require the Secretary of State to publish a report assessing a range of options to support postal voting for overseas electors. We always welcome feedback and new ideas about how we can improve any aspect of our electoral system, and I welcome the interest of the hon. Member for Guildford in this topic. As we have said, the Government recognise the challenges for those who live in remote areas overseas. However, I am afraid I do not believe that the costs of drafting and publishing this report could be justified.
Many of the proposals are frequently suggested and have been thoroughly considered already. Though it is possible that they could support the timely delivery of postal votes, they may come with considerable risks. For example, the use of online or telephone voting, or the digital transmission of ballot papers, would create unacceptable risks to the security and secrecy of those ballots. I note that the Bill already contains a number of measures specifically aimed at tackling those issues and improving the resilience and reliability of the postal voting system.
In particular, on the suggestion set out in subsection 2(e) of the new clause—that we should review deadlines and practices relating to the dispatching of postal ballots—the Government have already conducted a review on precisely that matter. The Bill will make a number of changes to improve the system, such as bringing forward the postal vote application deadline and formalising a postal vote determination date. I hope that Members will welcome and support those changes.
I now turn to new clauses 42 and 43 tabled by the Opposition. The purpose of new clause 42 is to require the Secretary of State to make a provision to enable overseas voters to vote in person at UK embassies, high commissions or consulates for parliamentary elections. The Government have considered the suggestion and feel it would be a significant logistical undertaking that would not yield sufficient benefits to overseas electors.
For example, embassies could need to run polling stations covering all 650 constituencies, and every returning officer would need to oversee the activity in every embassy. Each embassy would need to be equipped with all the relevant ballot papers, registers and other materials needed—and could need up to 650 variations of these. Any benefits of embassy voting would be limited to electors living close to diplomatic premises, and it is therefore difficult to justify the additional costs that would arise from the suggestion.
We have no plans to introduce such a system of voting. Instead, we are focused on improving the current systems for overseas electors—such as postal and proxy voting—so that they remain secure, reliable and accessible for everyone. There are a number of measures on postal and proxy voting in the Bill, and I hope Members will be supportive of them.
New clause 43 would introduce a power for the Secretary of State to make regulations to introduce a system to give overseas electors the option to register to vote when they renew their British passport online. The Government are committed to improving electoral registration and are actively exploring ways to do so. There are already existing powers that will allow us to explore and test a range of more automated approaches that involve integrating registering to vote with government services. They will make the process of voter registration easier and quicker for citizens. Our focus is on more automated registration methods that will benefit a greater range of electors.
Zöe Franklin
I thank the Minister for her comments, but I sadly remain unconvinced that we are addressing the significant problems that overseas voters are encountering when they seek to be involved with our democracy. They may live overseas, but they are still British citizens and deserve to be able to cast their vote. I will not press new clauses 6 and 7, in the name of my hon. Friend the Member for Newton Abbot, to a Division. However, I intend to press new clause 8 to a Division, if that is feasible, Dame Siobhain.
(5 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lisa Smart (Hazel Grove) (LD)
I thank the hon. Member for North Herefordshire for her comments. We have seen this over the last couple of elections in ’19 and ’24, and we are going to see it again in local and national elections: our regulatory framework is not keeping pace. As far as I am aware, there is no electoral framework—I would love to hear from the Minister on this—for anyone to systematically map the risks posed by deepfakes and associated online issues. Voters deserve to make free, informed choices, not tainted by some of the things that are seen online. I hope that the Government will take this forward.
It is a pleasure to serve under your chairmanship, Sir Desmond. The Government do not believe that the new clause is the right or effective way to address these concerns, although we acknowledge the seriousness of the issue that our hon. Friend the Member for Milton Keynes Central (Emily Darlington) is raising.
The new clause would risk blurring regulatory boundaries between two rightly independent regulators. The Electoral Commission and Ofcom have distinct statutory roles, with Ofcom responsible for regulation and enforcement of online safety duties on services. Requiring the Electoral Commission to make proposals for amending the Online Safety Act 2023 would cut across that, and risk duplication in an area where clarity is essential.
Secondly, the Electoral Commission already has the power under section 6 of the Political Parties, Elections and Referendums Act 2000 to produce and publish reports on matters relating to elections where it considers that appropriate. We therefore do not consider it necessary or proportionate to mandate a further statutory report.
I would also note the risk of duplication with the recent Speaker’s Conference report, which examined these issues and included evidence from the Electoral Commission. The Government welcomed the conference’s findings, and our response was published on 5 March. Under the Online Safety Act, Ofcom is the independent regulator responsible for overseeing the risk-based framework, including publishing codes of practice and requiring the largest services to provide transparency reports about their systems and processes for addressing online harms. That framework provides an appropriate basis for regulatory oversight and platform accountability.
The Online Safety Act also places clear duties on services that host user-generated content to tackle illegal content online, including illegal abuse, threats and incitement of violence. Ofcom is now implementing and enforcing that framework, and the Government will work closely with Ofcom, the Electoral Commission and law enforcement through existing arrangements. For those reasons, I ask the hon. Member for North Herefordshire to withdraw the new clause.
Dr Chowns
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 24
Repository of digital political advertising
“(1) The Elections Act 2022 is amended as set out in subsection (2).
(2) After section 61 insert—
‘Part 6A Repository of digital political advertising
61A. Establishing a repository of digital political advertising
(1) The Secretary of State must, by regulations, make provision to require the Electoral Commission to establish a repository of paid-for digital political advertising.
(2) Any regulations made under subsection (1) must—
(a) provide for the repository of political advertising to be publicly accessible;
(b) specify that a provider of a Category 1 service within the meaning of the Online Safety Act 2023 must ensure that prescribed information relating to such advertising is submitted to the repository as soon as reasonably practicable, and, in any event, within 72 hours;
(c) set out the types of information to be prescribed; and
(d) provide for material in the repository to be transferred to the National Archives for preservation after a certain period.
(3) Before making any regulations that make provision for the matters under subsection 2(c), the Secretary of State must consult—
(a) the Electoral Commission;
(b) the Information Commissioner’s Office; and
(c) OFCOM.
(4) Any regulations made under subsection (1) must be laid before and agreed by both Houses of Parliament.’” —(Paul Holmes.)
This new clause requires the Secretary of State to bring forward regulations to require the Electoral Commission to establish a publicly available repository of political advertising.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Dr Chowns
I beg to move, That the clause be read a Second time.
The new clause would require the Government to establish and publish a transparent protocol for responding to election information incidents and place that protocol on a statutory footing. That is important, because there is currently no clear, publicly accountable mechanism in the UK for informing voters about serious information incidents during election periods, such as co-ordinated disinformation campaigns or foreign interference.
Although there may be internal processes, under the radar, in Government, those are not transparent, they lack clear triggers for action and they are not subject to democratic oversight. Their absence creates uncertainty about how and when the public would be notified if there were such attacks or threats to the integrity of an election. That potentially undermines trust, and leaves voters without information and potentially exposed to unchallenged misinformation at critical moments during an election. We can all recognise that that is a growing threat.
The new clause would address that gap. It would establish a clear, publicly accessible protocol that would set out how, why and when election information incidents would be identified, assessed and communicated to the general public. The rise of disinformation has shown that co-ordinated online campaigns, bot campaigns and so forth can spread very rapidly during election periods, and can influence public perception before corrective action is taken. I will not name particular electoral processes, but we can all call examples to mind. It is a problem that we lack a transparent framework for dealing with public notification when such incidents occur.
Other democracies have taken steps in this regard; most notably, Canada has already introduced a formal mechanism to respond to these risks. That highlights the gap in the UK. We should look at international best practice on this issue. We should be trying to stay ahead of—or at least catch up with—the threats that our democracy faces, as fast as possible.
The new clause is clearly directly related to the Bill, so I would welcome the Minister’s response. To clarify, I do not intend to press it to a vote—I should have mentioned that it was tabled by the hon. Member for Milton Keynes Central—but I move it because it raises an important issue that is crucial to the safety of our elections.
These are important issues, and I thank the hon. Member for raising them.
Earlier today, I described the work of the Joint Elections Security and Preparedness Unit, which exists as an enduring function to protect our elections and our democracy; that includes monitoring for mis and disinformation. The JESP election cell brings together Whitehall Departments, law enforcement and intelligence agencies as well as key stakeholders to agree monitoring thresholds and response options where necessary. The Department for Science, Innovation and Technology is a core member of JESP’s election cell, as is the Electoral Commission.
New clause 30 seeks to place a cap on the amount a person can donate to registered political parties in a calendar year. The Government aim to strike the right balance in relation to political donations to protect against foreign interference and improve transparency, while also ensuring that legitimate donors can continue to fund electoral campaigning.
This new clause goes a step too far in restricting legitimate donations and could significantly limit parties’ ability to raise sufficient funds to communicate their views to the electorate—an essential part of a healthy democracy and effective election process.
I would prefer to press on; the hon. Lady will be able to respond later.
To better protect against those who seek to covertly undermine UK elections, we are instead strengthening rules and closing loopholes at all stages of the political donations process. I have described the measures in some detail earlier today: “know your donor”, the three steps for foreign companies, and the consideration we are giving to the Rycroft review.
A cap is not being placed across all donations because currently the majority of funding for political parties in the UK comes from private, corporate or other organisational sources. State funding accounts for around 10% of the total income of UK political parties. There is no public or political appetite to increase the level of state funding. I urge hon. Members of this Committee to reject this new clause.
New clause 54 proposes that the Secretary of State shares plans for establishing a royal commission to consider the effectiveness and merits of political expenditure controls and, in particular, a cap on political donations. A public inquiry is an extremely costly and lengthy process. Instead, we have already sought to ensure that our democracy is strengthened by considering recommendations from authorities and expert bodies in this area, including the Electoral Commission, the Committee on Standards in Public Life and the National Crime Agency.
Those risks and recommended solutions were taken forward and set out in our strategy for modern and secure elections, published on 17 July last year. Those commitments are now set out in full in this Bill. To ensure no stone was left unturned, the Secretary of State commissioned the independent Rycroft review to see where we could strengthen our laws and what could be recommended to protect against covert funding and foreign interference. I therefore hope that the hon. Member for Hazel Grove will withdraw new clause 54.
The purpose of new clause 58 is to require the Electoral Commission to conduct a review of the feasibility of a cap on annual expenditure by political parties, candidates and third parties, and then for the Government to issue a response containing proposals informed by that review. The Government agree that transparency and fairness are vital principles to be upheld in elections. Further, it is of the utmost importance to limit the risk of foreign interference.
We are committed to ensuring that we have robust systems to protect the UK from foreign interference, and this Bill reinforces electoral legislation against foreign interference. The commitment of the hon. Member for North Herefordshire to fairness and transparency in elections has been clear throughout the parliamentary process, and I share that commitment. The Government note the recommendations of the Rycroft review and will respond to those measures in due course.
New clause 65 would substantially cut national spending limits for political parties and would, for the first time, bring most campaign staff costs within scope. National spending limits were intended to strike a careful balance, allowing parties to communicate effectively with voters across the country while preventing money from dominating elections. In practice, parties generally campaign within the cap, which operates as a ceiling rather than a target. Those limits were set by Parliament in 2000 and have been uprated over time to maintain their real-world value.
Periodic uprating helps avoid eroding parties’ ability to communicate effectively with the electorate, so is consistent with the original policy intent that Parliament approved. The proposal to include campaign staff costs would represent a significant change to the regulatory framework, introducing additional complexity in how parties define roles and apportion costs. There is not currently clear evidence of a problem with this arrangement.
The Government note the issues raised about the level of the spending limits, including those highlighted by the independent Rycroft review. As Members know, we are considering those very carefully and will respond in due course. On that basis—and to allow that work to be completed first—I invite the hon. Member to seek to withdraw the new clause.
Dr Chowns
I have three quick points. First, the Minister implied that any limit on donations is unacceptable to her. That seems a very extreme position for the Government to take. Is that really the Government’s position in responding to new clause 30, tabled by the hon. Member for Stratford-on-Avon? The Minister seems to be taking that position, yet that new clause does not specify a particular level but that a cap should be set after a review, which is itself regularly reviewed. That seems a very reasonable approach. Does the Minister not recognise at all even the theoretical possibility that large donations can skew our politics? I would find that an extraordinary position for the Government to take.
Secondly, this seems to be completely inconsistent with the fact that last year the UK and at least 59 other countries co-sponsored a resolution passed at the Conference of States Parties to the United Nations Convention against Corruption that calls on states parties to consider limitations on donations
“with a view to combating corruption”.
The Government have already recognised that large donations into the political system carry a risk of corruption.
I do not expect the Minister to put a number on the table today, but to be consistent, would the Minister please take this away for consideration alongside the other issues that have come out of the Rycroft review? It is clear through this Bill Committee process that we need amendments to come forward that are not just driven by Rycroft, but also by some of the issues that Rycroft himself has highlighted as relevant yet outwith the specific terms of reference of his report—certainly including caps on political donations, expansion of the regulated period and reform of political advertising.
Thirdly, there is the point about how politics in the UK is largely funded through private company and trade union donations—I tried to pre-empt this, but the Minister did come back with it as well. I have not at any point argued for more state funding of politics—that could be a separate debate, but I am not arguing that. By discussing the arguments in favour of a cap on donations, together with the arguments for stronger limits on expenditure, I am arguing for a politics in which money skews politics less overall.
We can surely recognise that if one person can contribute—for the sake of argument—£9 million to an organisation or political actor then that will inevitably have a hugely skewing impact on our politics. Do the Government really not recognise that? Will the Government really not take any steps to limit political donations and that skewing and pollution of our politics?
Zöe Franklin
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Dr Chowns
I absolutely do—indeed, that is what the next two amendments are specifically about. That clearly should be the next step; the provision was put in place in the Equality Act, so it is just about commencing something already there under section 106 that would apply to reporting on diversity with a range of protected characteristics, not just in relation to disability.
I completely agree that our politics should be representative of our population as a whole; we should all be challenging ourselves constantly, as individuals and as parties, to ensure that we are doing everything possible to address under-representation of certain groups. The lack of representation of women is particularly brought into focus by the fact that it is now nearly 100 years since the franchise was fully extended, yet women are still seriously under-represented in this House—and even more under-represented in local politics nationally. But there are many other dimensions of under-representation; while the first amendment relates specifically to support for disabled candidates, the next two amendments relate to that much wider spectrum. That is crucially important.
New clause 31 would require the Electoral Commission to establish a fund to provide financial assistance to disabled candidates standing for election in England. It is the Government’s ambition to see more disabled people in public office, and we know that some disabled people still face additional financial barriers when contesting elected office. To address that, we are currently developing a new fund to support disabled election candidates with the disability-related extra costs they can experience, to enable participation on an equal basis.
We put the lived experience of disabled people and lessons learned from previous funds at the heart of our work to develop that new fund. We have engaged with a wide range of stakeholders, including MPs and disabled local councillors. We have heard how ensuring ongoing support is important to providing the reassurance people need to plan for the long term, as it can take a number of attempts to get elected. The Government are able to provide that type of support without this amendment, as they have done in the past, with the access to elected office fund from 2012 to 2015 and the EnAble fund from 2018 to 2020.
As part of our work to develop the new fund, we are considering how design elements might better support longevity, retaining the flexibility needed to ensure that the fund provided is fit for purpose. Given the ongoing work that the Government are doing in this area to establish a fund, I gently ask the hon. Lady not to press the new clause.
I now turn to new clause 34. The Government are committed to improving representation in politics. We encourage increased diversity in Government and political candidates, and have taken action to address that. Section 106 of the Equality Act 2010 is an uncommenced provision that would require registered political parties to publish anonymised data about the diversity of their candidate selections, in accordance with regulations. The Government are committed to commencing section 106 of the Equality Act. However, careful consideration needs to be given to how it might be implemented, the supporting regulations and whether any phasing might be needed in implementation. Officials will consult with stakeholders, including political parties, in due course.
One of the issues that this proposal creates is that if we are seeking to assess the accessibility of politics for candidates from a range of backgrounds, we need to know not only about those who make it through and are nominated as candidates, but about the broader range of the public from whom those candidates are drawn. It is fairly standard, in terms of equalities impact, to understand from that data who is not making it through that process.
Has the Minister given any consideration to how that concern might be addressed, beyond simply gathering the data? That may not tell us who was simply not able to make it through the process and get to the point of being nominated as a candidate in the elections covered by section 106.
The hon. Gentleman highlights exactly why further consultation is needed. This is a complex issue, and it needs to be discussed with all the major and minor political parties to explore how candidates are encouraged to come forward and the ways in which we can support political parties to become more diverse. I hope he accepts that response.
I turn to new clause 35. The Government really are committed to better representation, and we have taken a variety of actions to address that. As I have mentioned, section 106 is uncommenced, and we are committed to commencing it with careful consideration and at the appropriate time. I therefore ask the Committee to reject the new clauses, as that process is already in progress.
Zöe Franklin
I hear what the Minister is saying, and I am really pleased that the Government are undertaking that process, but what concerns me is that we go through sets of elections again and again without consistency across the nations. Some in our nations are supported to stand so that have a more representative democracy, while others—here in England—are not.
I am willing to withdraw my new clause, but I would appreciate it if the Minister committed to sharing a timeline. More importantly, will she commit to making information more available publicly—certainly to organisations working in this space and MPs—about what is happening about a fund to support candidates with disabilities? The same applies to my new clauses about section 106 of the Equalities Act.
One of the reasons why the new clauses had to be tabled is that, although the Government have said things on the public record, they have not shared what is happening behind the scenes. This is a matter of public interest. I will not press the new clauses to a vote, but I would appreciate it if the Minister came back on those queries.
I will write to the hon. Lady and provide as much information as I can.
Zöe Franklin
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 33
Impact of the Act on trust in elections
(1) The Secretary of State must, within 12 months of the passing of this Act, publish and lay before both Houses of Parliament a report into the impact of the Act’s provisions on trust in elections.
(2) Any report made under subsection (1) must make proposals on any further measures required to increase trust in elections.
(3) For the purposes of this section, “trust in elections” includes public confidence in the fairness of elections, the voting systems used, and the representativeness of election results.
(4) In preparing the report, the Secretary of State must consult—
(a) the Electoral Commission;
(b) the Scottish Ministers;
(c) the Welsh Ministers;
(d) the relevant Northern Ireland department; and
(e) such other persons as the Secretary of State considers appropriate.”—(Zöe Franklin.)
Brought up, and read the First time.
I rise to speak against new clause 33, which we contend is overly restrictive. While the hon. Member frames the new clause as a shield for democracy, in reality it is a recipe for bureaucratic paralysis and a dangerous encroachment on the natural administration of our elections. I refer to the reporting mandate mechanism in new clause 33, which demands that the Secretary of State publishes a report on “trust in elections” within just 12 months. That is a purely subjective academic exercise masquerading as policy.
Trust is not a metric that we can legislate into existence; it is a subjective measure. By forcing the Government to constantly review public confidence, we are effectively inviting the Secretary of State or Ministers to politicise the very foundations of our voting system. That may be the intention of the hon. Lady, but I contend that it is just another mechanism for parties who disagree with our voting system to carp on about it every year. I say to the Liberal Democrats and to other parties that might want new clause 33 to go ahead that we have tested public opinion on new voting mechanisms. As I have said on other Bills, it should be for the Government of the day to put forward changes to the voting system and electoral law in this country.
New clause 33 mandates consultation with Ministers across all devolved nations and the Electoral Commission before a report can even be published. While I respect our devolved partners, we have to accept that it is the policy of Governments in at least two jurisdictions to have different voting systems. In fact, we have different voting systems in those devolved Administrations. It seems to me that the hon. Lady is trying to propose a veto by committee structure. If we try to measure trust in politics, First Ministers and Governments will each put forward different views on whether trust has been measured. How do we measure trust? We can poll, and look at local and national election outcomes.
Does the hon. Gentleman not agree that voting is an act of trust?
The Minister is absolutely right. I am a democrat. I believe that every hon. Member on the Committee has the backing of their constituents, albeit not by a margin that the Liberal Democrats, Greens, or other parties, might favour because they want to change the voting system. Each and every member of the Committee won more votes than each of their competitors. That is an act of trust: our constituents elected us under the system that was provided to them. That is the greatest measure of trust that can be portrayed in a result: securing a number of votes to win that election under the guidelines.
I think we are opening something of a Pandora’s box and, if I may say so, entering cloud cuckoo land if we get to a stage where this Parliament is mandating to measure public trust. There are organisations that do that. We have polling companies: in my view too many of them, and too many opinion polls—and that view is not just because the Conservative party are not in front in those polls at the moment. I find it difficult to support a requirement on the statute book for a report on the impact of the Act on trust in elections.
I agree with my hon. Friend. I honestly believe that the new clause does not add any value. It does the reverse. Indeed, the report that would be published within 12 months of the Bill passing could reduce trust in politics. Trust is subjective. We all have different opinions. Let us say that the Bill passes with this new clause and, 12 months after the next local elections or general election, there is a report on trust in elections. There are so many different opinions on the criteria outlined in the new clause that the Government would be reporting on, that there will be many people who disagree with the Secretary of State’s report, thereby undermining trust in the democratic process, whichever side of the coin they are on—on proportional representation, on first past the post, on the Electoral Commission, on the way in which parties were funded and on the way in which they campaigned. A general election itself is the ultimate arbiter of trust in politics.
This is one of the stranger new clauses that we have seen. I do not say that personally to the hon. Members for Hazel Grove and for Guildford, but we should be rolling back legislation. All the way through our consideration of the Bill, the Liberal Democrats and I have called on the Electoral Commission to do more, but we have also called for the Electoral Commission to have the right resourcing to operate the mechanisms for which both we and the Government, in different respects, have been calling. The new clause will add more bureaucracy and more reporting, and it will undermine trust in the electoral system, which is already—I absolutely accept—in a very delicate state.
However, the Minister is absolutely correct. The elections, as undertaken, and the results of the elections, as determined by the democratic will of the people of this country, are the result of trust. There are many organisations that can measure trust; I do not think that it is up to the Government to measure it. It is up to Governments to lose elections if they are not trusted, and it is up to Governments, or the Opposition, to win them if they are trusted. That is the way that things should stay.
This Bill is about building trust and confidence in our electoral system. Regarding many of the reforms in the Bill, within a year of Royal Assent—the timescale within which the hon. Member for Guildford, who tabled the new clause, has suggested the report should come—they either will not have come into force or might not have had sufficient time to bed in and achieve their aims. Therefore, any assessment of impact at that stage could be premature, could risk producing misleading conclusions, and—as the hon. Member for Hamble Valley so eloquently put it—could reduce trust. For these reasons, we do not believe that there would be sufficient benefit in drafting and publishing such a report.
However, I would like to reassure Members that the Government are committed to robust monitoring and evaluation of the Bill, and we anticipate that that will show us whether the policies that are being introduced have achieved their aims, including—where relevant—relating to trust.
We earn trust and I will reiterate my point that voting is an act of trust. None the less, the Government are working hard to generate more confidence in our already trusted electoral system with this Bill.
Question put, That the clause be read a Second time.
Dr Chowns
I think that I have made my point. Let us consider what the greatest threat to the integrity of our democracy is. I am concerned about the ways that concerns such as those articulated in these amendments have been weaponised by some political actors, so I will abstain if they are pressed to a vote.
New clause 36 and amendment 25 would place a new legal duty on the Electoral Commission to produce guidance for returning officers on how to enforce the offences introduced by the Ballot Secrecy Act 2023. I stress at the outset how seriously the Government take all forms of electoral fraud or coercion, including family voting. It is illegal and unacceptable, and polling staff should feel confident to challenge and report any incidents.
However, I have serious concerns about these amendments. It is essential to point out that the commission can already issue guidance, and it already provides extensive guidance for returning officers. Putting the requirement into legislation would set a new precedent, allowing Parliament to direct how the commission produces its guidance in the future. The Commission’s independence, as we discussed earlier, is central to public confidence in how elections are run. Because the amendments would require Ministers and Parliament to approve or even change the guidance, there is a real risk that people would see that as political interference and involvement in something that should remain an operational matter for the commission.
The extra approval steps could also delay clear guidance for returning officers. If Parliament rejected the draft guidance, the commission would have to start again, creating uncertainty for those responsible for enforcing ballot secrecy. For those reasons—concerns about independence, ministerial involvement, added complexity and the precedent they set—the Government cannot support the amendments.
The hon. Member for North Herefordshire made some comments that, I think, questioned my integrity in making my speech.
Dr Chowns
I am going to rise above the party political aspects of the shadow Minister’s comments, but I want to engage with his extraordinary claim that communicating with people in their mother tongue is, in some way, exploitation. He expressed concern about the inclusion of diverse communities in our country. He talked about social cohesion, but what he is proposing is essentially a nativist policy. As was highlighted by the hon. Member for Cumbernauld and Kirkintilloch, Gaelic speakers are accepted but Urdu speakers are not. I fundamentally disagree.
Of course, as a country we should provide support to assist people to learn English, but we should not force them, as the shadow Minister argued. If they are not yet fluent, it seems perfectly reasonable—in fact, clearly helpful for inclusion and participation—to provide election materials in the language in which they can be best understood. Indeed, that is what returning officers do. Election officers provide information in multiple languages, so why should parties and candidates not also be free to do so?
Let me quote from the guidance for returning officers on the Electoral Commission’s website:
“Some voters may need assistance in another language because of their limited English (or English or Welsh) language skills. You should consider what support you are able to provide to those voters in your area, such as providing translations of the polling station notices.”
In Gorton and Denton, the polling station provided information in multiple other languages. The effect of the new clause would be exclusionary and discriminatory, and I strongly oppose it.
New clause 37 would ban the use of foreign languages in campaign material during the regulated period—it would make it a criminal offence. A primary purpose of the Bill is to encourage more people across society to engage and participate in our democracy. The new clause would not serve that purpose. It is not for the Government to prescribe the languages that campaigners are permitted to use to engage voters who come from a wide range of diverse backgrounds across the constituencies we represent. It is certainly not for the Government to criminalise the use of certain languages.
Various electoral and non-electoral offences protect against malicious forms of campaign material, which is, in essence, what the hon. Member for Hamble Valley was talking about. For example, it is an offence to publish or distribute threatening, abusive or insulting material that is intended or likely to stir up racial hatred. It is also an offence to improperly influence someone to vote in a particular way or refrain from voting. That would include, for example, a leaflet that threatened to make use of force or place undue spiritual pressure on a person in order to induce them to vote in a particular way or refrain from voting. Those offences apply regardless of the language used in the campaign material.
The Government have no plans to regulate the use of foreign languages in campaign material. We are seeking to minimise barriers to participation while safeguarding the integrity and security of elections. The measures in the Bill are intended to restore faith in our politics and ensure that the UK continues to be a thriving and diverse democracy. The new clause is entirely incompatible with those intentions. I therefore ask the hon. Gentleman to withdraw it.
I wholly accept the Minister’s comments; I did not expect that she would be looking into this. I acknowledge the comments made by the hon. Member for North Herefordshire, too. She used the example of returning officers. They are filling things in and conducting a process; they are not using foreign languages to exploit a section of our society against a policy or a party in this country with which they happen to disagree. That is the clear and distinct difference, and that is the example that I used in moving the new clause. Her example is about the process; my example is about using foreign language to exploit a political message in an advantageous way. That is why I tabled the new clause, and I wish to press it to a vote.
Dr Chowns
I refer the hon. Gentleman to the very next new clause on the selection list, which engages with precisely that question.
In addition to New Zealand, there are similar rules about the regulation of political advertising in Australia. On the question of who will adjudicate, there is currently no independent body with the power to adjudicate on the truthfulness or accuracy of non-broadcast political advertising. That is an issue. Provision has been made in the new clauses for a separation: the code of practice would be established by the Electoral Commission and the oversight of the decision making—the adjudication—would be done by a different body.
The 2020 report by the Lords Democracy and Digital Technologies Committee, “Digital Technology and the Resurrection of Trust”, called for a regulatory committee on political advertising that would involve relevant experts from the Advertising Standards Authority, the Electoral Commission, Ofcom and the UK Statistics Authority, who would co-operate through a regulatory committee on political advertising. Political parties would then work with those regulators to develop a code of practice, along with appropriate sanctions, that restricts fundamentally inaccurate advertising during a parliamentary or mayoral election or referendum. The Lords Committee recommends that that regulatory committee should adjudicate breaches of the code, and that is effectively what new clause 63 would put in place.
“What then would happen about sanctions?” I hear hon. Members ask. Well, that takes us on to new clause 64, which again creates a separation. It would establish an enforcement framework and enable the Electoral Commission to impose civil sanctions for breaches of the advertising code, basically according to a ladder of increasing seriousness.
I warmly recommend the new clauses to the Government and the Committee. Despite the rapidity of my speech, given the shortness of time, the way that advertising can distort our politics is a crucial issue. I very much hope that the Government will warmly consider the issues, alongside all the other ones that they will hopefully come back to us on at a later stage.
New clause 59 would create a new offence of misleading the public in a parliamentary election campaign, which could be committed by candidates in election campaigns. Unfortunately, that approach risks turning the courts into political fact checkers. It risks undermining public confidence in the judiciary and would create significant freedom of expression concerns. In line with the recommendation from the Speaker’s Conference, we will work with the Conference, the Electoral Commission and political parties to develop a campaigning code of conduct that is fit for purpose and reflects the need of candidates across the political spectrum.
I also draw the hon. Member’s attention to section 106 of the Representation of the People Act 1983, which makes it an illegal practice to make or publish a false statement of fact in relation to the personal character or conduct of a candidate the effect of which impacts the election result.
I will speak to new clauses 61, 62, 63 and 64 together. These new clauses would amount to a significant expansion of the regulatory framework governing political campaigning and electoral advertising. They would introduce a statutory code of conduct for political campaigning, a statutory electoral advertising code and a new electoral advertising code committee to oversee, adjudicate and enforce compliance with the advertising code, funded through a levy on political parties.
We welcomed the recommendation from the Speaker’s Conference to develop a code of conduct for campaigning. We are working with the Speaker, the Electoral Commission and political parties on an approach that is fit for purpose, and that works across the broad range of candidates and campaigners.
That work is already under way. Ahead of the May 2026 elections, the Electoral Commission has published a first set of advisory principles for campaigning respectfully and safely. The published principles already address key issues that these new clauses try to address. The Electoral Commission has also made it clear that these principles are the start of that work, rather than the end of it, and, after the May elections it will assess how the principles operated in practice, and use that assessment to inform development of a fuller code of conduct.
A non-statutory approach offers the best opportunity for the code to be developed collaboratively, with strong cross-party engagement and sufficient flexibility to ensure that it remains meaningful, and can be refined in the light of experience and developments in campaigning practice over time. It would be better to allow that work to continue and to be evaluated in practice, rather than to prescribe the content and process for an evolving set of codes in the Bill.
New clauses 62, 63 and 64 would place regulators in the position of adjudicating factual claims made in the course of political campaigning, an area that is inherently contested and closely connected to political opinion. Although safeguards are included, there remains a real risk of regulatory creep, drawing independent regulators into disputes around policy or political arguments, which can be rebutted by rival campaigners and scrutinised by the press as part of the normal course of political debate.
Any reforms in this space must be considered carefully and developed in consultation, in order to ensure that changes to the regulation of political advertising are proportionate, protect freedom of expression and maintain public confidence in the independence and impartiality of regulatory bodies.
Therefore, I respectfully ask the hon. Member to withdraw new clause 59.
Dr Chowns
I beg to move, That the clause be read a Second time.
The new clause would remove the prohibition on the Electoral Commission’s instituting criminal proceedings in England, Wales and Northern Ireland—a capacity that the Electoral Commission previously had, which was removed by the Elections Act 2022. We currently have a bizarre situation where any individual or organisation other than the Electoral Commission can make a private prosecution against breaches of political finance law but the Electoral Commission cannot. That gives rise to a criminal enforcement gap, which is not helped by a lack of investigatory and prosecutorial lead capacity, especially for UK-wide offences. Other similar regulators in the UK can bring criminal proceedings in areas under their auspices, so there is a real question: why not the Electoral Commission?
I note that Philip Rycroft dealt with that question in his report and recommended an alternative approach. I have tabled the new clause as a probing amendment to ask the Government to provide more clarification. If we are not going to give these powers to the Electoral Commission, who should take the lead? The status quo is clearly not working. There is an alarming lack of prosecution in this space, going back quite a number of years. The net effect is essentially that people can escape from prosecution. If it is not going to be the Electoral Commission, we need much more investment in the capacities and powers of the police. I understand that we have a situation where the police might not feel that investigations are necessarily in their interest, because the fines that can be charged are not proportionate to the huge amount of police time that might be required to investigate the issues.
I would like to hear from the Government how they will address the clear gap in the capacity of the system overall to initiate criminal proceedings on breaches of electoral law. An obvious solution would be to put it through the Electoral Commission. I recognise that Philip Rycroft has a somewhat different view. Will the Government please explain their view?
New clause 66 would remove the prohibition on the Electoral Commission bringing criminal proceedings in England, Wales and Northern Ireland that was introduced in the Elections Act 2022. To be clear, the Electoral Commission has never brought criminal prosecutions, even prior to the changes introduced by the Act. It has a wide range of investigatory powers and is able to impose a variety of civil sanctions for certain offences. The Bill already extends and strengthens those powers to promote more robust and proportionate enforcement.
Where criminal investigation and prosecution is required or thought appropriate for certain offences, the Commission refers those cases to the police and the relevant prosecuting authority, who are experts in this domain. The Government recognise the importance of ensuring that electoral law is enforced effectively, and that there is there is public confidence in the system of regulation governing political finance. That is why we commissioned the Rycroft review.
As the hon. Member for North Herefordshire pointed out, the review looked specifically at criminal enforcement arrangements and concluded it entirely appropriate that criminal investigations are handled by the police, the Crown Prosecution Service and the Public Prosecution Service for Northern Ireland. The review noted that it would be unnecessary and potentially counterproductive for the Electoral Commission to have a prosecutorial role; it would require significant investment in specialist expertise that might be deployed only sporadically.
Furthermore, although the Electoral Commission must enforce electoral law without fear or favour, it must also engage constructively with campaigners to help them to comply with the rules. Rycroft noted that it would be difficult for the Electoral Commission to maintain that constructive regulatory role with political parties if it were also pursuing criminal prosecutions.
Given the review’s findings on this issue, we do not think that any changes are needed to the Electoral Commission’s role. We will respond fully to the Rycroft review in due course and consider whether any other legislative changes are necessary in line with its findings. I request that the hon. Member for North Herefordshire withdraw the new clause.
The Chair
With this it will be convenient to discuss the following:
Clauses 76 to 81 stand part.
Government amendment 21.
I turn to the final clauses in the Bill, which make general provisions and are standard practice for a Bill. Given the hour, I do not intend to go through each of the remaining clauses individually and will move them formally. As I have stated, they are standard practice and necessary provisions. We have also already debated and accepted new clause 14, which Government amendment 21 relates to. I therefore urge Members to accept all of these general provisions, as well as the consequential Government amendment 21.
Question put and agreed to.
Clause 75 accordingly ordered to stand part of the Bill.
Clauses 76 to 79 ordered to stand part of the Bill.
Clause 80
Commencement
Amendment proposed: 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.”—(Paul Holmes.)
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.
Question put, That the amendment be made.
(2 weeks, 3 days ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following: Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” Section 55A(8) (cap on donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 55B On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 55D(3) (declaration as to compliance with the donations cap) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year””” “Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year” Section 55A(8) (cap on donations) On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year Section 55B On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 55D(3) (declaration as to compliance with the donations cap) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year”
Government new clause 76—Entering into of regulated transactions under Part 4A of PPERA 2000.
Government new clause 77—Procedure for regulations under PPERA 2000.
Government new clause 78—Sharing of information between Electoral Commission and others.
Government new clause 113—Termination of entitlement to be registered as overseas elector.
Government new clause 114—Powers to prescribe form and contents of campaign expenditure returns etc.
Government new clause 115—Meaning of “donation”.
Government new clause 116—Cap on donations etc by overseas contributors.
Government new clause 117—Power to extend certain restrictions to other types of donation and loan etc.
New clause 2—Commencement of Section 106 of the Equality Act 2010—
“The Secretary of State must, within three months of the day on which this Act is passed, lay an order under section 216 (commencement) of the Equality Act 2010 to commence section 106 (information about diversity in range of candidates, etc.) of that Act.”
This new clause would require the Secretary of State to commence section 106 of the Equality Act 2010 within three months, which would require political parties to publish information on the protected characteristics of candidates in parliamentary elections, elections to the Scottish Parliament and to the Senedd.
New clause 3—Electoral Commission: Publication of information about diversity in range of candidates—
“(1) PPERA 2000 is amended as follows.
(2) After section 13A (reimbursement of costs by Scottish Ministers etc.) insert—
‘13ZAA Collection and publication of information about diversity in range of candidates
(1) The Commission shall collect information published under section 106 (information about diversity in range of candidates, etc.) of the Equality Act 2010.
(2) The Commission shall publish the information collected under subsection (1) in an accessible form at such intervals as the Commissioners consider appropriate.’”
This new clause would require the Electoral Commission to collect and publish in an accessible form diversity information required to be provided by political parties under section 106 of the Equality Act 2010.
New clause 4—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.
New clause 5—Electoral Commission: pre-investigation decision notices—
“(1) PPERA 2000 is amended as set out in subsection (2).
(2) In Schedule 19B, paragraph 3, sub-paragraph (5), at end insert ‘or;
(b) relevant to determining whether to start an investigation.’”
This new clause would enable the Electoral Commission to require information before launching a formal investigation.
New clause 6—Hostility towards relatives and staff of candidates etc.—
“(1) Part 5 of the Elections Act 2022 (disqualification of offenders for holding elective office etc.) is amended as follows.
(2) After section 32 (candidates etc.) insert—
‘32A Relatives and staff of candidates
(1) A person falls within this section if the person is—
(a) a relative; or
(b) a member of staff;
of a person described in section 32 (candidates etc.).
(2) For the purposes of subsection (1)(a) “relative” has the meaning given by section 63(1) of the Family Law Act 1996.
(3) For the purposes of subsection (1)(b) “member of staff” means a person who is employed by or working under the direction of a person described in section 32 (candidates etc.).’”
This new clause would, with Amendment 1, add relatives and staff of candidates to the persons against which hostility may lead to a disqualification order and for the purposes of a statutory aggravating factor.
New clause 7—Duty of Electoral Commission to provide candidate safety guidance—
“(1) The Electoral Commission must, within 6 months of the passing of this Act, prepare and publish guidance on the safety and security of candidates and campaigners during election periods.
(2) The guidance must include information about—
(a) identifying, recording and reporting threats, abuse and intimidation;
(b) physical and online security measures; and
(c) the roles of the police, the Electoral Commission and any other relevant public authority in relation to candidate safety during an election period.
(3) The Electoral Commission must keep the guidance under review and revise it whenever it considers appropriate.
(4) A returning officer must provide each validly nominated candidate with a copy of, or an electronic link to, the guidance as soon as reasonably practicable after the candidate’s nomination is accepted.
(5) For the purposes of this section, ‘election periods’ means the period specified in section 90ZA (meaning of ‘election expense’ of the RPA 1983).”
This new clause places a duty on the Electoral Commission to publish and maintain candidate safety guidance, and requires returning officers to provide it to candidates as soon as possible after their nomination has been accepted.
New clause 9—Permissible donors not to include individuals serving a foreign administration—
“(1) Section 54 of PPERA 2000 (permissible donors) is amended as follows.
(2) After subsection (2) insert—
‘(2A) An individual who would otherwise fall within subsection (2)(a) is not a permissible donor if that individual is, or has been—
(a) a member of, or
(b) a politically-appointed adviser to
a foreign administration.’
(3) After subsection (8) insert—
‘(9) In subsection (2A)—
“foreign administration” means the government or state apparatus of any country or territory outside the United Kingdom;
“member” includes elected and appointed members.’”
This new clause would ban those who are or have been members of a foreign administration, or advisers to a foreign administration, from donating money to a political party, think tank or campaigning body.
New clause 10—Permissible donors not to include persons who have promoted political violence—
“(1) Section 54 of PPERA 2000 (permissible donors) is amended as follows.
(2) After subsection (3ZB) insert—
‘(3ZC) A person is not to be treated as a permissible donor in relation to a donation if the person has been convicted of a prescribed offence relating to the promotion, incitement, or use of political violence.
(3ZD) The Secretary of State must by regulations prescribe the offences which fall within subsection (3ZC).’”
New clause 11—Declaration of income or gifts from Foreign Governments—
“(1) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(2) After rule 8 (consent to nomination) insert—
‘Declaration of income or gifts from Foreign Governments
8A (1) A person is not validly nominated unless the person makes a declaration stating whether they have received in the past or are currently in receipt of any income or gifts from—
(a) the government of any foreign nation, or
(b) any person or organisation connected to the government of any foreign nation.
(2) The declaration must be—
(a) in the prescribed form,
(b) signed by the person, and
(c) delivered at the place and within the time for the delivery of nomination papers.
(3) For the purposes of this rule, a person or organisation connected to the government of any foreign nation means anyone who has at any time been—
(a) a member of, or
(b) a politically-appointed adviser to a foreign administration.’
(3) In rule 6A (nomination papers: name of registered political party), at the end insert—
‘(4) A registered political party is under a duty to ensure that a candidate has made the declaration required by rule 8A, and a certificate under paragraph (1) or (1B) may not be issued by or on behalf of the registered nominating officer of the party in respect of a candidate unless this duty has been discharged.’”
This new clause would require candidates to declare any income or gifts from foreign nations or connected entities in order to be validly nominated. It also places a duty on political parties to ensure their candidates have made this declaration before authorising them to stand on behalf of the party.
New clause 12—Annual statements on foreign donation risks and independent investigations—
“(1) Part 4 of PPERA 2000 (control of donations to registered parties and their members etc) is amended as follows.
(2) After section 66 (declaration by treasurer in donation report) insert—
‘66A Annual statement on mitigation of foreign donation risks
(1) The treasurer of a registered party must, in respect of each calendar year, prepare a statement setting out the steps taken by the party to mitigate risks relating to donations originating from a foreign nation.
(2) The statement must be delivered to the Commission alongside the party's statement of accounts for that year.
66B Annual independent investigation of donations by foreign-owned UK entities
(1) A registered party must, in respect of each calendar year, arrange for an independent investigation to be conducted into any donations received by the party from a foreign-owned UK entity.
(2) A report of the independent investigation must be submitted to the Commission by the treasurer of the party within six months of the end of the calendar year to which it relates.
(3) The Secretary of State may by regulations make provision about—
(a) the appointment and qualifications of an independent investigator for the purposes of this section;
(b) the definition of a “foreign-owned UK entity”; and
(c) the required contents of the investigation report.
(4) Regulations under subsection (3) are subject to the affirmative resolution procedure.’”
This new clause requires registered political parties to produce an annual statement detailing how they have mitigated risks relating to donations from foreign nations. It also requires parties to commission an annual independent investigation into donations they receive from foreign-owned UK entities, with the findings submitted to the Electoral Commission.
New clause 13—Information to be included with electronic material: generative artificial intelligence—
“(1) Section 41 of the Elections Act 2022 (requirement to include information with electronic material) is amended as follows.
(2) After subsection (3)(b) insert—
“(c) where the electronic material consists of or includes image, audio or video content that has been generated or materially altered by means of generative artificial intelligence, a statement that such artificial intelligence has been used.”
(2A) In this section, ‘generative artificial intelligence’ means a machine-based system that can, for a given set of human-defined prompts or objectives, generate new image, audio or video content.”
This new clause amends the digital imprint rules in the Elections Act 2022 to require that any political campaigning material which contains images, audio, or video generated or materially altered by AI must include a statement that such artificial intelligence has been used.
New clause 14—Repeal of voter identification requirements—
“(1) In the Elections Act 2022 omit section 1 (voter identification).
(2) In the Elections Act 2022 omit Schedule 1.
(3) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(4) In rule 37 (voting procedure), omit paragraphs (1A) to (1G).”
This new clause repeals the provisions of the Elections Act 2022 that introduced the requirement for voters in Great Britain to produce photographic identification at polling stations. It is linked to Amendment 2.
New clause 15—Disclosure of past donations in cryptoassets—
“(1) Part 4 of PPERA 2000 (control of donations to registered parties and their members etc) is amended as follows.
(2) After section 66 (declaration by treasurer in donation report) insert—
‘66A Report on past donations involving cryptoassets
(1) The treasurer of a registered party must, within the period of six months beginning with the day on which this section comes into force, prepare a report under this section.
(2) The report must record the relevant details in relation to each donation received by the party during the relevant 5-year period which was—
(a) made wholly or in part with cryptoassets; or
(b) accepted by means of a custodian wallet provider or cryptoasset exchange provider.
(3) For the purposes of this section, the “relevant 5-year period” means the period of 5 years ending with the day on which this section comes into force.
(4) In this section, “the relevant details” in relation to a donation means—
(a) the name and address of the donor;
(b) the amount or value of the donation;
(c) the date on which the donation was received; and
(d) the date on which, and the way in which, any necessary steps were taken regarding the donation under section 56 (acceptance or return of donations: general).
(5) The report must be delivered to the Commission within the period of 14 days beginning with the end of the period mentioned in subsection (1).
(6) In this section—
“Cryptoassets” has the meaning given by Regulation 14A(3)(a) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;
“Custodian wallet provider” has the meaning given by Section 131ZC(3) of the Proceeds of Crime Act 2002;
“Cryptoasset exchange provider” has the meaning given by Section 131ZC(3) of the Proceeds of Crime Act 2002.’”
This new clause amends PPERA 2000 to require registered political parties to compile and submit a one-off report to the Electoral Commission detailing the source, value, and dates of any donations made via cryptoassets, or accepted via crypto wallets/exchanges, over the past five years.
New clause 16—Impact of the Act on trust in elections—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish and lay before both Houses of Parliament a report into the impact of the Act's provisions on trust in elections.
(2) Any report made under subsection (1) must make proposals on any further measures required to increase trust in elections.
(3) For the purposes of this section, "trust in elections" includes public confidence in the fairness of elections, the voting systems used, and the representativeness of election results.
(4) In preparing the report, the Secretary of State must consult—
(a) the Electoral Commission;
(b) Scottish Ministers;
(c) Welsh Ministers;
(d) the relevant Northern Ireland department; and
(e) such other persons as the Secretary of State considers appropriate.”
New clause 18—Payments from foreign state broadcasters to politicians and candidates—
“(1) Schedule 7 to PPERA 2000 (control of donations to individuals and members associations) is amended as set out in subsection (2).
(2) After paragraph 6 insert—
‘Prohibition on payments from foreign state broadcasters
(1) A regulated donee must not accept any payment, remuneration or other financial benefit, whether or not on commercial terms, from a prescribed foreign state broadcaster.
(2) The Secretary of State may by regulations prescribe a foreign state broadcaster for the purposes of this paragraph where the Secretary of State considers the broadcaster is acting on behalf of, or producing propaganda for, a foreign power.
(3) For the purposes of this paragraph, a payment or benefit includes, but is not limited to, remuneration for appearing on, hosting, or contributing to broadcasts or programmes.’
(3) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as set out in subsection (4).
(4) After rule 8 (consent to nomination) insert—
‘Declaration of past earnings from foreign state broadcasters
(1) A person is not validly nominated unless the person makes a declaration stating whether they have received any past or current earnings, payments or benefits from a foreign state broadcaster prescribed under paragraph 6A of Schedule 7 to the Political Parties, Elections and Referendums Act 2000.
(2) The declaration must be—
(a) in the prescribed form,
(b) signed by the person, and
(c) delivered at the place and within the time for the delivery of nomination papers.’”
This new clause prohibits politicians (regulated donors) from receiving any payment from prescribed foreign state broadcasters. It also amends the parliamentary election rules to require candidates (including incumbent MPs) to formally declare any past earnings from these entities in order to be validly nominated to stand for election.
New clause 19—Overseas electors: Review of feasibility of proposals for facilitating overseas ballots—
“(1) Within six months of the passing of this Act, the Secretary of State must publish and lay before both Houses of Parliament a report on proposals for facilitating overseas electors to vote in parliamentary elections.
(2) The report must consider the feasibility of proposals for—
(a) the use of United Kingdom Embassies, High Commissions or consulates as if they were a polling station as set out in Schedule 1 of RPA1983;
(b) the digital transmission and printing of ballot papers;
(c) voting by telephone;
(d) secure electronic voting;
(e) changes to deadlines and practices as set out in Schedule 1 of RPA1983 to enable earlier despatch of ballots for overseas voters;
(f) informing overseas voters on early registration and voting options;
(g) extended proxy voting arrangements for overseas voters; and
(h) any other measures to improve the speed, accuracy and security of voting by overseas electors as the Secretary of State believes appropriate.
(3) In preparing the report, the Secretary of State must consult—
(a) overseas electors;
(b) electoral administrators;
(c) His Majesty’s Diplomatic Service; and
(d) such other persons as the Secretary of State believe appropriate.
(4) For the purpose of this section, an ‘overseas elector’ is a person who fulfils the requirements for an overseas elector in section 1 (extension of parliamentary franchise) of the RPA 1985.”
This new clause would require the Secretary of State to conduct feasibility studies on proposals to improve overseas voting, as recommended by the Public Administration and Constitutional Affairs Select Committee’s Second Report of Session 2024-6, Review of the 2024 general election.
New clause 20—Extension of right to vote etc. to certain foreign nationals—
“(1) The RPA 1983 is amended as set out in subsections (2) and (3).
(2) In section 1 (parliamentary electors), in subsection (1)(c), after ‘Ireland,’ insert ‘a qualifying EU citizen, or a qualifying foreign national’.
(3) In section 2 (local government electors)—
(a) in subsection (1)(c) leave out “(in Wales)”
(b) in subsection (1)(c)(i), after ‘rights’ insert ‘or a qualifying foreign citizen;’.”
This new clause would extend the franchise in parliamentary elections to include qualifying EU citizens and to foreign nationals with a right to enter or remain in the UK, and to extend the local government franchise in England to foreign citizens with a right to enter or remain in the UK.
New clause 21—Cap on political donations—
“(1) Part 4 of PPERA 2000 (control of donations to registered parties and their members etc) is amended as follows.
(2) After section 54B (declaration as to whether residence etc condition satisfied) insert—
‘54C Power to set cap on political donations
(1) A registered party must not accept a donation from a person if the value of donations from that person during the course of that calendar year exceeds the maximum amount specified by regulations made under subsection (3).
(2) Where a registered party receives a donation which would cause the limit for the purposes of subsection (1) to be exceeded, the amount by which the limit is exceeded is to be treated for the purposes of this Act as a donation received from a person who is not a permissible donor.
(3) The Secretary of State must by regulations specify the donation limit for the purposes of subsection (1) within three months of the day on which this Act is passed.
(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) Before laying a draft statutory instrument containing regulations under this section, the Secretary of State must commission an independent review of the level of the cap on political donations.
(6) The review must consider and make recommendations on the level of the cap in light of—
(a) the prevailing economic conditions;
(b) the effect of the cap on democratic participation and political competition; and
(c) any other matters the Secretary of State considers relevant.
(7) The Secretary of State must appoint an independent person or panel with relevant experience to conduct the review.
(8) The person or panel appointed under subsection (7) must—
(a) consult the Electoral Commission and any other persons the person or panel considers relevant; and
(b) prepare and publish a report of its findings.
(9) The Secretary of State must lay the report under subsection (8)(b) before both Houses of Parliament as soon as practicable after receiving it.
(10) No later than three years after a report under subsection (9) has been laid the Secretary of State must commission a new review under subsection (5) for the purposes of determining whether the cap under subsection (1) should be amended.’”
This new clause requires the Secretary of State to set an annual cap on permissible political donations from a person, following an independent review to be conducted every three years.
New clause 22—Permissible donors not to include oil and gas companies—
“(1) Section 54 of PPERA 2000 (permissible donors) is amended as follows.
(2) In subsection (2)(b) after ‘Kingdom’ insert ‘, subject to the exemption in subsection (2A).’
(3) After subsection (2) insert—
‘(2A) A company is not a permissible donor if it is an oil and gas company.’
(4) After subsection (8) insert—
‘(9) For the purposes of this section, “an oil and gas company” means any company which derives over 50% of its annual revenue from the extraction, acquisition, transportation, processing, supply or disposal of petroleum or natural gas, or a combination of the two.’”
This new clause provides that an oil and gas company would not be a permissible donor for the purposes of the Political Parties, Elections and Referendums Act 2000.
New clause 23—Prohibition on remuneration for social media activity—
“(1) Schedule 7 to PPERA 2000 (control of donations to individuals and members associations) is amended as set out in subsection (2).
(2) After paragraph 6 insert—
‘Prohibition on payments for social media activity
6C (1) A regulated donee must not accept any payment, remuneration or other financial benefit, whether or not on commercial terms, from any person or organisation in connection with activity on a social media platform.
(2) For the purposes of this section—
(a) a payment or benefit includes, but is not limited to, remuneration for publishing, promoting or interacting with content on a social media platform,
(b) a social media platform means an electronic medium or service through which users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations.’
(3) Schedule 2A to RPA 1983 (control of donations to candidates) is amended as set out in subsection (4).
(4) After paragraph 6 insert—
‘Prohibition on payments for social media activity
6A (1) A candidate or their election agent must not accept any payment, remuneration or other financial benefit, whether or not on commercial terms, from any person or organisation in connection with activity on a social media platform.
(2) For the purposes of this section—
(a) a payment or benefit includes, but is not limited to, remuneration for publishing, promoting or interacting with content on a social media platform,
(b) a social media platform means an electronic medium or service through which users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations.’”
This new clause prohibits members of registered parties, members associations, holders of relevant elective offices and electoral candidates from receiving any payment, remuneration, or financial benefit in exchange for posting, promoting, or interacting with content on social media.
New clause 24—Declaration of income or gifts from the Russian Federation—
“(1) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(2) After rule 8 (consent to nomination) insert—
‘Declaration of income or gifts from the Russian Federation
8A (1) A person is not validly nominated unless the person makes a declaration stating whether they have received in the past or are currently in receipt of any income or gifts from—
(a) the government of the Russian Federation, or
(b) any person or organisation connected to the government of the Russian Federation.
(2) The declaration must be—
(a) in the prescribed form,
(b) signed by the person, and
(c) delivered at the place and within the time for the delivery of nomination papers.
(3) For the purposes of this rule, a person or organisation connected to the government of the Russian Federation means anyone who has at any time been—
(a) a member of, or
(b) a politically-appointed adviser to the government of the Russian Federation.”
(3) In rule 6A (nomination papers: name of registered political party), at the end insert—
“(4) A registered political party is under a duty to ensure that a candidate has made the declaration required by rule 8A, and a certificate under paragraph (1) or (1B) may not be issued by or on behalf of the registered nominating officer of the party in respect of a candidate unless this duty has been discharged.’”
This new clause would require candidates to declare past or current income or gifts from the government of the Russian Federation or from any person or organisation connected to that government. It also places a duty on political parties to ensure that their candidates have made this declaration.
New clause 25—Permissible donors not to include property development and construction undertakings—
“(1) Notwithstanding the provisions of PPERA 2000 and any other enactment, a person is not a permissible donor to a registered party, recognised third party, regulated donee or permitted participant if they meet the conditions in subsections (2).
(2) The conditions in this subsection are that the person is a property development or construction undertaking as defined under subsections (3) and (4).
(3) For the purposes of subsection (2), a person is a “property development or construction undertaking” if they are a body corporate, partnership, limited liability partnership, or unincorporated association, of such an undertaking which carries out, whether wholly or substantially, activities consisting of—
(a) the acquisition, disposal, or development of land for commercial or residential purposes,
(b) property speculation,
(c) the construction, renovation, or substantial alteration of buildings or infrastructure, or
(d) the provision of construction services as a principal contractor,
and whose principal business activities fall within such Standard Industrial Classification (SIC) codes as may be prescribed by regulations made by the Secretary of State.
(4) Further to subsection (3), a ‘property development or construction undertaking’ includes—
(a) any person who is acting on behalf of a property development or construction undertaking,
(b) any person who is funded either directly or indirectly by a property development or construction undertaking, and
(c) any subsidiaries or holding companies of a property development or construction undertaking.
(5) The Electoral Commission may issue guidance for the purposes of determining whether an undertaking is a property development or construction undertaking.”
This new clause would mean that a property developer or construction undertaking would not be a permissible donor to a registered party, recognised third party, regulated donee or permitted participant.
New clause 26—Restrictions on permitted donors: public contracts—
“(1) Section 54 of the Political Parties, Elections and Referendums Act 2000 (permissible donors) is amended as follows.
(2) After subsection (2) insert—
‘(2A) An individual who would otherwise fall within subsection (2)(a) is not a permissible donor if that individual—
(a) has significant control of a company which has been awarded a public contract within the previous ten years, or
(b) has significant control of a company which is a parent undertaking or subsidiary undertaking of a company falling within paragraph (a).
(2B) A company which would otherwise fall within subsection (2)(b) is not a permissible donor if that company—
(a) has been awarded a public contract within the previous ten years, or
(b) is a parent undertaking or subsidiary undertaking of a company falling within paragraph (a).’
(3) After subsection (8) insert—
‘(9) In this section—
“public contract” has the meaning given by section 3 (public contracts) of the Procurement Act 2023;
“significant control” has the meaning given by section 790C (key terms) of the Companies Act 2006;
“parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 (parent and subsidiary undertakings) of the Companies Act 2006.’”
This amendment would prevent individuals and companies connected to public contracts within the previous ten years from being treated as permissible donors under the Political Parties, Elections and Referendums Act 2000.
New clause 27—Report on interference in UK elections originating from the United States of America—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish a report on the extent of electoral interference originating from the United States of America and its impact on the integrity of elections in the United Kingdom.
(2) The report published under subsection (1) must review the extent of the following activities and their impact on voters—
(a) United States-based social media companies amplifying electoral campaign material via algorithms; and
(b) donations made to registered political parties, think-tanks, lobbying firms and other regulated donees in the United Kingdom originating from—
(i) the United States Government,
(ii) United States-based companies, and
(iii) business leaders with United States citizenship.
(3) The report must also set out information about the nature of any campaigns receiving donations from those set out in subsection (2), including—
(a) the stated aims attached to any donations made; and
(b) any agreements between donees and organisations in receipt of such donations.
(4) The report published under subsection (1) must include any recommendations considered necessary to protect the integrity of United Kingdom elections.
(5) For the purposes of this section, ‘the integrity of United Kingdom elections’ means the extent to which elections are considered to be free and fair, and have public confidence in their outcomes.”
This new clause requires the Government to publish a report on electoral interference originating from the USA and its impact on the integrity of elections in the United Kingdom, focusing on the extent of algorithmic amplification of campaign material by US-based social media companies and of donations from US-based companies and business leaders.
New clause 28—Prohibition of controlled expenditure and expenses by non-permissible donors—
“(1) PPERA 2000 is amended as set out in subsections (2) to (4).
(2) In Section 89A (restriction on which third parties may incur controlled expenditure) leave out subsection (2).
(3) In Section 89B (restriction on which third parties may incur controlled expenditure: Senedd Cymru elections) leave out subsection (2).
(4) In Section 89B (restriction on which third parties may incur controlled expenditure: Scottish Parliament elections) leave out subsection (2).
(5) In Section 75 of RPA 1983 (prohibition of expenses not authorised by election agent) leave out—
(a) subsection 1ZZB(a);
(b) subsection 1ZA.
(6) In Section 41 of the Elections Act 2022 (requirement to include information with electronic material) after subsection (3)(b) insert—
‘(c) a statement declaring the original source of the funding used to pay for the promotion or publication of the material.’”
This new clause prevents controlled expenditure and expenses by non-permissible donors, including foreign-funded advertising, by reducing the existing £700 spending limit for such donors to nil. It also requires that campaign material includes a statement declaring the origin of its funding.
New clause 29—Prohibition of political advertising by non-permissible donors—
“(1) A person or organisation that is not a permissible donor must not incur any expenditure on political advertising, whether or not related to a relevant election.
(2) For the purposes of this section—
‘political advertising’ means any materials or activities with a view to promoting a political party, candidate or campaign;
‘relevant election’ has the same meaning as in Part II of PPERA.
(3) The Secretary of State must, within six months of the passing of this Act, by regulations amend, repeal or revoke any enactment, including this Act and other electoral legislation, where the Secretary of State considers it necessary for the purposes of subsection (1).
(4) Before making regulations under this section, the Secretary of State must consult—
(a) the Electoral Commission; and
(b) such other persons as the Secretary of State considers appropriate.
(5) A statutory instrument containing regulations under this section may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.”
This new clause would prevent non-permissible donors from funding political advertising, whether or not related to a relevant election, and provide the Secretary of State with regulation making powers to enable this prohibition to be enforced.
New clause 30—Review of how limits on campaign expenditure could apply on annual basis—
“(1) The Electoral Commission must conduct a review of how campaign expenditure limits could apply on an annual basis for political parties, candidates and third parties.
(2) The review must consider how annual campaign expenditure limits could—
(a) promote transparency and fairness in elections;
(b) limit the risk of foreign interference in elections; and
(c) be implemented in a proportionate manner without undue impact on political parties, candidates and third parties.
(3) In conducting the review, the Electoral Commission must consult the Speaker’s Committee on the Electoral Commission and the Ethics and Integrity Commission.
(4) The Electoral Commission must publish a report of its findings no later than 6 months after the day on which this Act is passed.
(5) The Secretary of State must, within 6 months of the publication of the report, lay before both Houses of Parliament, a response to the report.
(6) The response to the report must contain proposals informed by the Electoral Commission’s report.”
This new clause would require the Electoral Commission to conduct a review of how campaign expenditure limits could apply on an annual basis for political parties, candidates and third parties, and for the Government to respond to the report and bring forward proposals based on the Electoral Commission’s findings.
New clause 32—Parliamentary elections: Requirement to obtain an enhanced disclosure and barring service check—
“(1) Schedule 1 of RPA 1983 is amended as follows.
(2) After rule 6 (nomination of candidates) insert—
‘(6AA)(1) A person is not validly nominated unless the person has—
(a) undertaken an enhanced DBS check; and
(b) obtained an enhanced DBS certificate.
(2) The Secretary of State may make regulations which make necessary provision for the designation of one or more organisation from which the DBS check under paragraph 1 must be requested.
(3) The Secretary of State must lay before Parliament draft regulations under paragraph 2 before the end of the period of 90 days beginning with the day on which the Representation of the People Act 2026 is passed.
(4) For the purposes of this rule—
“enhanced DBS check” means an enhanced check with the Disclosure and Barring Service for the purposes of Part V of the Police Act 1997;
“enhanced DBS certificate” means a certificate issued by the Disclosure and Barring Service following an enhanced DBS check.’”
This new clause would require candidates in a parliamentary election to undertake an enhanced DBS check and obtain the resulting certificate before they can be validly nominated as a candidate.
New clause 33—Local government elections (England and Wales): Requirement to obtain an enhanced disclosure and barring service check—
“(1) The Local Elections (Principal Areas) (England and Wales) Rules 2006 are amended as follows.
(2) After rule 4 (nomination of candidates) insert—
‘(4A)(1) A person is not validly nominated unless the person has—
(a) undertaken an enhanced DBS check; and
(b) obtained an enhanced DBS certificate.
(2) The Secretary of State may make regulations which make necessary provision for the designation of an organisation from which the DBS check under paragraph 1 must be requested.
(3) The Secretary of State must lay before Parliament draft regulations under paragraph 2 before the end of the period of 90 days beginning with the day on which the Representation of the People Act 2026 is passed.
(4) For the purposes of this rule—
“enhanced DBS check” means an enhanced check with the Disclosure and Barring Service for the purposes of Part V of the Police Act 1997;
“enhanced DBS certificate” means a certificate issued by the Disclosure and Barring Service following an enhanced DBS check.’”
This new clause would require candidates in a local government election in England and Wales to undertake an enhanced DBS check and obtain the resulting certificate before they can be validly nominated as a candidate.
New clause 34—Prohibition on accepting donations in cryptoassets to political parties and candidates—
“(1) PPERA 2000 is amended as set out in subsection (2).
(2) In section 55 (payments etc. which are (or are not) to be treated as donations by permissible donors), at end insert—
‘(7) Any donation received by a registered party or regulated donee which is—
(a) made wholly or in part with cryptoassets; or
(b) made from the proceeds generated by crypto-assets such as digital tokens and memecoins; or
(c) accepted by means of a custodian wallet provider or cryptoasset exchange provider, shall be regarded as a donation received by the party from a person who is not a permissible donor.
(8) Within three months of the coming into force of this section, the Electoral Commission must publish guidance in relation to the matters in subsection (7).
(9) In this section—
“Cryptoassets” has the meaning given by Regulation 14A(3)(a) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;
“Custodian wallet provider” has the meaning given by Section 131ZC (3) of the Proceeds of Crime Act 2002;
“Cryptoasset exchange provider” has the meaning given by Section 131ZC (3) of the Proceeds of Crime Act 2002.’
(3) RPA 1983 is amended as set out in subsection (4).
(4) In Schedule 2A, Section 6 (prohibition on accepting donations from impermissible donors), after subparagraph (3), insert—
‘(3A) Any relevant donation received by a candidate or their election agent which is—
(a) made wholly or in part with cryptoassets,
(b) made from the proceeds generated by crypto-assets such as digital tokens and memecoins, or
(c) accepted by means of a custodian wallet provider or cryptoasset exchange provider,
shall be regarded as a donation received by a candidate or their election agent who is not a permissible donor.
(3B) Within three months of the coming into force of this section, the Commission must publish guidance in relation to the matters in subsection (3A).
(3C) In this section—
“Cryptoassets” has the meaning given by Regulation 14A(3)(a) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;
“Custodian wallet provider” has the meaning given by Section 131ZC (3) of the Proceeds of Crime Act 2002;
“Cryptoasset exchange provider” has the meaning given by Section 131ZC (3) of the Proceeds of Crime Act 2002.’”
The purpose of this new clause is to prevent parties, regulated donees (including third party campaigners) and candidates from accepting donations in cryptoassets or from the proceeds of cryptoassets, to reduce the risks of anonymous and impermissible donations.
New clause 35—Enfranchisement of certain foreign nationals at parliamentary elections—
“(1) Section 1 (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983 is amended as follows.
(2) In subsection (1)(c), after “Ireland” insert “or a foreign national who for the purposes of the Immigration Act 1971 has—
(i) the right of abode in the United Kingdom;
(ii) settled status under the EU Settlement Scheme;
(iii) indefinite leave to enter the United Kingdom; or
(iv) indefinite leave to remain in the United Kingdom.””
This new clause expands the right to vote in General Elections to residents of the UK who have the right to abode in the UK or leave to enter or remain for an indefinite period.
New clause 36—Enfranchisement of certain foreign nationals at local government elections in England—
“(1) Section 2 (entitlement to vote in local elections) of the Representation of the People Act 1983 is amended as follows.
(2) In subsection (1)(c) leave out “(in Wales)”.
(3) In subsection (1)(c)(i), after “rights” insert “or a qualifying foreign citizen;”.”
This new clause expands the right to vote in local government elections in England to extend to foreign citizens with a right to enter or remain in the UK.
New clause 37—Access to Elected Office Fund (England)—
“(1) RPA 1983 is amended as follows.
(2) After Section 90D insert—
“90E Access to Elected Office Fund (England)
(1) The Secretary of State must, by regulations, require the Electoral Commission to establish and maintain a fund to be known as the Access to Elected Office Fund (England) (“the Fund”).
(2) The purpose of the Fund is to provide financial assistance to disabled candidates standing for election in England, including providing assistance to meet any additional campaign costs incurred by the candidate as a result of their disability, and the Electoral Commission or a person designated under subsection (4)(a) must administer the Fund consistently with that purpose.
(3) The Secretary of State may from time to time make payments into the Fund of such amounts as they may determine.
(4) Regulations under this section may—
(a) designate a different person, other than the Electoral Commission, to establish and maintain the Fund;
(b) specify criteria for eligibility for financial assistance;
(c) set out the types of expenditure for which financial assistance may be provided;
(d) specify the value of financial assistance available to an individual candidate; and
(e) establish rules and procedures that the Electoral Commission or a person designated under subsection (4)(a) must comply with when administering the Fund.
(5) Before making any regulations under subsection (1) the Secretary of State must consult—
(a) disabled people;
(b) political parties;
(c) relevant charities and civil society organisations; and
(d) the Equality and Human Rights Commission.
(6) For the purposes of this section, “disability” has the meaning given under section (6) (disability) of the Equality Act 2010.
(7) Any regulations made under this section must not be made unless a draft has been laid before and approved by resolution of each House of Parliament.””
New clause 38—Enfranchisement of foreign nationals at local elections in Northern Ireland—
“(1) Section 2 (local elections electors) of the RPA 1983 is amended as follows.
(2) In subsection (1)(c), at end insert—
“(iii) in relation to a local government election in Northern Ireland, a relevant citizen of the Union or a qualifying foreign citizen;””
This new clause would give all residents in Northern Ireland with leave to enter or stay in the UK the right to vote in local and Assembly elections in Northern Ireland.
New clause 39—Prohibition on campaigning or obstructing electors outside polling places—
“(1) A person who interferes or obstructs or impedes a person going to or coming from a polling station commits an offence.
(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following—
(a) loiter or congregate with other persons;
(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;
(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or
(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.
(3) For the purpose of this section, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situated and the distance referred to in subsection (2) shall be measured from any entrance to the polling station or to the curtilage thereof.
(4) A person who contravenes subsection (2) commits an offence.
(5) A person who commits an offence under this section is liable on summary conviction—
(a) in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;
(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.”
This new clause would prevent people from campaigning, interfering, obstructing or impeding electors going to or coming from a polling station.
New clause 40—Voting eligibility of convicted persons in detention—
“In section 3 of RPA 1983, (disfranchisement of offenders in prison etc.)—
(a) 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.”;
(b) omit subsection (1A); and
(c) 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.
New clause 41—Guidance on the law relating to digital communication offences in relation to elections—
“(1) The Secretary of State must, within six months of the passing of this Act, publish and lay before both Houses of Parliament guidance on certain digital communication offences, including offences involving digital manipulation and artificially generated content in relation to candidates and elected officials.
(2) Any guidance issued under subsection (1) must include guidance on the following—
(a) the operation of section 106 (false statements as to candidates) of the RPA 1983 in relation to digital communications;
(b) the operation of section 114A (undue influence) of the RPA 1983 in relation to digital communications;
(c) the interaction between the operations of sections 106 and 114A of the RPA 1983 and the duty of providers under the Online Safety Act 2023, including in relation to priority offences during election periods.
(3) Within 12 months of the publication of guidance under subsection (1) and annually thereafter, the Secretary of State must publish and lay before Parliament either—
(a) a statement that no updates to the guidance are required, or
(b) an updated version of the guidance.
(4) Before issuing—
(a) any guidance under subsection (1) or subsection (3)(b), or
(b) a statement under subsection (3)(a),
the Secretary of State must consult OFCOM and such other persons as they think necessary.
(5) For the purposes of this section “priority offences” means an offence listed in Schedule 7 (Priority offences) of the Online Safety Act 2023.”
This new clause would require the Government to publish guidance on the operation of certain offences relating to digital communications as they relate to candidates and elected officials.
New clause 42—Report on electoral online harms—
“(1) Within six months of the passing of this Act, the Electoral Commission must publish a report on the prevention of electoral online harms.
(2) For the purposes of this section, “electoral online harms” includes—
(a) abuse and harassment of or threats directed towards elected representatives, candidates, party campaigners and election officials, or
(b) incitement or violence against any such individuals, but does not include mockery or insult, save where it forms part of a campaign of harassment.
(3) Any report published under subsection (1) must contain—
(a) an assessment of the risks of electoral online harms, and
(b) proposals to put in place systems to mitigate those risks including through amendment of the Online Safety Act 2023.
(4) Before publishing its report under subsection (1) the Electoral Commission must consult—
(a) OFCOM, and
(b) the National Police Chiefs Council.”
This new clause would require the Electoral Commission to publish a report containing an assessment of the risks of online electoral harms, and proposals to put in place systems to mitigate those risks.
New clause 43—Repository of digital political advertising—
“(1) The Elections Act 2022 is amended as set out in subsection (2).
(2) After section 61 insert—
“Part 6A Repository of digital political advertising
61A Establishing a repository of digital political advertising
(1) The Secretary of State must, by regulations, make provision to require the Electoral Commission to establish a repository of paid-for digital political advertising.
(2) Any regulations made under subsection (1) must—
(a) provide for the repository of political advertising to be publicly accessible;
(b) specify that a provider of a Category 1 service within the meaning of the Online Safety Act 2023 must ensure that prescribed information relating to such advertising is submitted to the repository as soon as reasonably practicable, and, in any event, within 72 hours;
(c) set out the types of information to be prescribed; and
(d) provide for material in the repository to be transferred to the National Archives for preservation after a certain period.
(3) Before making any regulations that make provision for the matters under subsection 2(c), the Secretary of State must consult—
(a) the Electoral Commission;
(b) the Information Commissioner’s Office; and
(c) OFCOM.
(4) Any regulations made under subsection (1) must be laid before and agreed by both Houses of Parliament.””
This new clause requires the Secretary of State to bring forward regulations to require the Electoral Commission to establish a publicly available repository of political advertising.
New clause 44—Electoral Commission: powers to obtain information outside of a formal investigation—
“(1) The Elections Act 2022 is amended as follows.
(2) After Schedule 12, insert—
“SCHEDULE 13: Electoral Commission powers to obtain information outside of a formal investigation
(1) The Secretary of State must, by regulations, make provision to allow the Electoral Commission to issue a notice requiring certain information from a regulated user-to-user service or search service, at any time during any regulated election period.
(2) Any regulations made under paragraph (1) must specify that a person to whom a notice is given under this paragraph must comply with it within such reasonable time as is specified in the notice.
(3) Any regulations made under paragraph (1) must specify the information which may be requested by the Electoral Commission, and include the following where they relate to elections—
(a) information relating to paid-for political advertising;
(b) algorithmic systems;
(c) coordinated inauthentic behaviour; and
(d) automated or bot accounts (whether domestic or foreign).
(4) Any regulations made under paragraph (2) must also provide for any safeguards considered necessary by the Secretary of State as regards data protection or commercial confidentiality.
(5) Any regulations made under paragraph (1) must be laid before and agreed by both Houses of Parliament.
(6) For the purposes of this Schedule, “user-to-user service” has the meaning given by section 3 (“user-to-user service” and “search service”) of the Online Safety Act 2023.””
New clause 45—Critical election incident protocol—
“(1) The Secretary of State must, within twelve months of the passing of this Act, publish and lay before both Houses of Parliament, a Critical Election Incident Protocol (“the Protocol”) for the purpose of responding to incidents that present a significant risk to the integrity, security or public confidence of elections.
(2) For the purposes of this section, a “Critical Election Incident” means any event, threat or activity that poses a substantial risk to—
(a) the integrity, security or administration of an election;
(b) the ability of the public to freely participate in the electoral process;
(c) or public confidence in the fairness or legitimacy of an election.
(3) Before publishing the Protocol, the Secretary of State must consult the following on its contents—
(a) relevant civil society organisations,
(b) relevant experts, and
(c) relevant regulators.
(4) Any Protocol published under subsection (1) must include—
(a) the establishment of an oversight body comprised of such senior ministers and officials as the Secretary of State considers appropriate;
(b) the establishment of an advisory body of civil society and experts with relevant expertise as the Secretary of State considers appropriate;
(c) criteria by which Critical Election Incidents are identified and the Protocol is triggered;
(d) categories of severity of Critical Election Incidents based on their severity; and
(e) details of differentiated responses to Critical Election Incidents for each of the categories identified under subsection (d) which would be necessary and proportionate.
(5) Any Protocol published under subsection (1) must be compatible with the United Kingdom’s human rights obligations including but not limited to the right to freedom of expression under article 10 of the European Convention on Human Rights.
(6) The Secretary of State must lay before Parliament a report on the operation of the Protocol—
(a) one year after the publication of the Protocol under subsection (1) and annually thereafter; and
(b) within three months of any occasion on which the Protocol has been used.
(7) Any report published under subsection (6) must include—
(a) a description of activities undertaken under the Protocol, subject to any necessary limitations relating to national security or ongoing investigations;
(b) information about consultation with the established oversight and advisory bodies;
(c) an assessment of the impact of the Protocol on human rights and democratic participation.
(8) Any report produced under subsection (6) must be sent to the Housing and Local Government Committee of the House of Commons.
(9) In this section, references to Housing and Local Government Committee shall—
(a) if the name of that Committee is changed, be taken (subject to paragraph (b)) to be references to the Committee by its new name;
(b) if the functions of that Committee at the passing of this Act with respect to matters relating to Protocol become functions of a different committee of the House of Commons, be taken to be references to the committee by whom the functions for the time being exercisable.”
New clause 46—Government review of the “regulated periods” in relation to elections—
“(1) The Secretary of State must, within 12 months of the passing of this Act, commission a review of the adequacy of the current regulated periods for elections and referendums.
(2) The review must consider the following—
(a) the impact of campaign activity outside the relevant regulated period on elections;
(b) whether the length of the regulated periods are sufficient to tackle the prevalence of—
(i) manipulated content,
(ii) misinformation,
(iii) disinformation,
and their potential influence on elections.
(3) The review may make any recommendations it feels necessary for legislative or regulatory reform as a result of its findings.
(4) For the purposes of this section, “campaign activity” includes—
(a) digital campaigning;
(b) targeted advertising; and
(c) automated content distribution.
(5) For the purposes of this section “regulated period” means any period regulated under the Representation of the People Act 1983.
(6) The Secretary of State must lay a report of the review before both Houses of Parliament, together with their response to any recommendations for legislative or regulatory reform.”
This new clause requires the government to establish a review of the “regulated periods” in relation to elections which would consider whether the length of the regulated periods are sufficient in relation to the prevalence of manipulated content, misinformation and disinformation.
New clause 47—Information to be included with electronic material: data provenance—
“After Section 41 (requirement to include information with electronic material) of the Elections Act 2022 insert—
“Requirement to include information with electronic material created through generative artificial intelligence
(1) This section applies to electronic material which—
(a) meets the conditions in section 42 (paid for electronic material), or
(b) meets the conditions in section 44 (other electronic material), and has been generated wholly through generative artificial intelligence.
(2) Electronic material to which this section applies must not be published unless it includes the following information—
(a) a statement that content was wholly generated by a generative artificial intelligence system;
(b) the name of the system used to generate the content.
(3) The Secretary of State may, by regulations, specify—
(a) additional requirements for information to be required under subsection (2);
(b) the form in which the information required under subsection (2) is to be provided.
(4) The form prescribed by regulations under subsection (3)(b) must be a form which can be detected and processed by regulated user-to-user services for the purpose of providing the required information to users of such services.
(5) Any regulations made under subsection (3) must be laid before and agreed by both Houses of Parliament.
(6) For the purposes of this section, “generative artificial intelligence” means a computer system or software that—
(a) is capable of producing text, images, audio, video, or other content autonomously, wholly or substantially, based on prompts or instructions provided by a user;
(b) uses machine learning or other algorithmic techniques to generate content that mimics human-created material; and
(c) may produce content that is not pre-existing but is synthesized based on patterns learned from existing data.””
This new clause requires campaign material which has been generated by generative artificial intelligence to include a statement to that effect along with the name of the system used. It creates a power for the Government to make regulations about the information to be included.
New clause 48—Blind and partially sighted voters: equipment and secret voting—
“(1) Rule 29 (equipment of polling stations) of Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(2) In paragraph (3)(a), at end insert—
“independently and in secret”.
(3) For paragraph (3A) substitute—
“(3A) The returning officer shall also provide each polling station with such equipment as is necessary to ensure that relevant persons are able to vote independently and in secret, including—
(a) tactile equipment that enables the voter to navigate the ballot paper and accurately mark their chosen candidate without assistance; and
(b) audio equipment that enables the voter to access and review the content of the ballot paper in the language in which it is printed without assistance.”
(4) After paragraph (3A) insert—
“(3AA) For the purposes of paragraph (3A)(b), a person is able to vote independently and in secret only if they are not required to rely on the assistance of the presiding officer, companion, or any other person to navigate, review and mark the ballot paper.””
This new clause would require certain equipment to be provided to people who find it difficult or impossible to vote because they are blind, partially sighted, or because of another disability in order for them to be able to vote independently and in secret.
New clause 49—Electoral Advertising Code of Practice—
“(1) The Electoral Commission must prepare and publish an Electoral Advertising Code of Practice (“the Advertising Code”).
(2) The Advertising Code must include principles and guidance relating to electoral advertising and must in particular include provisions relating to—
(a) ensuring the accuracy of factual claims,
(b) the need for relevant and reliable evidence to substantiate factual claims,
(c) the need to clearly identify the political party affiliated with an advert,
(d) transparency in the use of artificial intelligence, and
(e) issuing prompt public corrections to address mistakes.
(3) In this section “electoral advertising” means any factual claims in marketing communications, whenever published or distributed, whose principal function is to influence voters in a local, regional, national or international election or referendum.
(4) Before preparing or revising the Advertising Code, the Electoral Commission must carry out such consultation as it considers appropriate and must in particular consult—
(a) the Electoral Advertising Code Committee,
(b) representatives of parties appointed to the Parliamentary Parties Panel in accordance with section 4 of the Political Parties, Elections and Referendums Act 2000, and
(c) such other persons as the Electoral Commission considers appropriate.”
This new clause would require the Electoral Commission to produce an Electoral Advertising Code of Practice. It is connected to NC50, NC51 and NC52.
New clause 50—Electoral Advertising Code Committee—
“(1) The Electoral Commission must establish an Electoral Advertising Code Committee (“the Committee”).
(2) The functions of the Committee are—
(a) to advise the Electoral Commission on the preparation and revision of the Advertising Code,
(b) to adjudicate on alleged breaches of the Advertising Code, and
(c) to oversee the operation of and monitor the effectiveness of the Advertising Code.
(3) In exercising functions under this Part, the Committee must have regard to the importance of freedom of political expression and open democratic debate, and will not determine matters of political opinion unless they fall within the scope of factual claims in electoral advertising.
(4) The Committee is to consist of—
(a) a Chair,
(b) a member nominated by the Electoral Commission,
(c) a member nominated by the Advertising Standards Authority or its successor body,
(d) a member nominated by the Office of Communications, and
(e) a member nominated by the United Kingdom Statistics Authority.
(5) Nothing in this Part limits the powers of the bodies identified in subsection (4) under any other enactment.
(6) The Chair is to be appointed by the Electoral Commission following a fair and open competition conducted in accordance with the Public Appointments Code, with a majority of independent members on the assessment panel and a senior independent panel member.
(7) The appointment of the Chair requires the consent of the Speaker’s Committee on the Electoral Commission, which must not be unreasonably withheld or delayed.
(8) In making the appointment, the Electoral Commission must have regard to the need to secure the independence of the Committee.
(9) A person appointed as Chair holds office—
(a) for a single non-renewable term of five years from the date of appointment, and
(b) in accordance with terms and conditions (including as to remuneration and pension) specified by the Electoral Commission.
(10) The Chair may resign from office by giving written notice to the Electoral Commission.
(11) The Electoral Commission must pay to the Committee the sums determined by the Chair as appropriate for, or in connection with, the carrying out of the Committee’s functions.
(12) The Secretary of State must, within the period of 6 months beginning with the day on which this Act is passed, carry out a consultation on a levy on registered political parties’ election advertising spend for the purpose of funding the Electoral Advertising Code Committee.
(13) In carrying out the consultation, the Secretary of State must consult—
(a) the Electoral Commission,
(b) representatives of registered political parties, and
(c) such other persons as the Secretary of State considers appropriate.”
This new clause would require the Electoral Commission to establish an Electoral Advertising Code Committee. It is connected to NC49, NC51 and NC52.
New clause 51—Status of the Campaign Code and enforcement of the Advertising Code—
“(1) Persons engaged in political campaigning must have regard to the Campaign Code.
(2) A registered political party must prepare, publish and keep under review a code of conduct relating to its political campaigning.
(3) A code under subsection (2) must be consistent with the Campaign Code and must in particular include provisions relating to—
(a) honesty in political debate and reasonable efforts to not mislead voters, and
(b) the avoidance of intimidation, harassment or abusive conduct.
(4) The following persons, when engaged in electoral advertising, must comply with the Advertising Code—
(a) registered political parties,
(b) members of the House of Commons,
(c) members of any local authority in any part of the United Kingdom,
(d) members of the Greater London Assembly,
(e) candidates or prospective candidates at a United Kingdom general election, by-election, local authority election, Greater London Authority election or mayoral election,
(f) recognised third parties within the meaning of the Political Parties, Elections and Referendums Act 2000, and
(g) election agents within the meaning of the Representation of the People Act 1983.
(5) The Committee may, by written notice, require a person to provide information or documents reasonably required for the purposes of investigating a suspected breach of the Advertising Code.
(6) A person must comply with a requirement under subsection (5) unless the person has a reasonable excuse.
(7) If, on an application by the Committee, a court is satisfied that a person has failed to comply with a requirement under subsection (5), the court may make an order requiring the person to provide the Committee with—
(a) information referred to in the notice, and
(b) other information which the court is satisfied the Committee requires.
(8) Where the Committee considers that electoral advertising is inconsistent with the Advertising Code, it may take the following steps which it considers reasonable to secure compliance—
(a) issuing a notice requiring the person responsible to amend, withdraw or substantiate the advertising within a specified period,
(b) publishing a formal finding of non-compliance on its website [and in the repository of political adverts],
(c) requiring the publication of a correction, clarification or updated version of the advertising with similar prominence where practicable,
(d) notifying relevant online services or publishers and requesting prompt suspension or removal of advertising during the regulated period, and
(e) referring repeated or serious breaches to the Electoral Commission to impose civil sanctions in accordance with its powers under Schedule 19C to the Political Parties, Elections and Referendums Act 2000.
(9) In deciding whether to impose a civil sanction under subsection (8)(e), the Electoral Commission must have regard to—
(a) the findings and recommendations of the Committee, and
(b) any enforcement action taken in relation to the same conduct under any other enactment.
(10) Where the Electoral Commission imposes a civil sanction following a referral from the Committee, it must publish a notice setting out—
(a) the nature of the breach,
(b) the sanction imposed, and
(c) the reasons for the sanction.
(11) A person on whom a civil sanction is imposed under subsection (8)(e) may appeal in accordance with the appeal provisions under the Political Parties, Elections and Referendums Act 2000.
(12) Failure to comply with the Campaign Code or the Advertising Code does not of itself give rise to criminal liability.”
This new clause is connected to NC49, NC50 and NC52.
New clause 52—Code of Conduct for Political Campaigning—
“(1) The Electoral Commission must prepare and publish a Code of Conduct for Political Campaigning (“the Campaign Code”).
(2) The Campaign Code must set out principles and guidance relating to political campaigning and must in particular include provisions relating to—
(a) honesty in political debate and reasonable efforts to not mislead voters, and
(b) the avoidance of intimidation, harassment or abusive conduct.
(3) In this section “political campaigning” means any conduct, communications or other activity which can reasonably be regarded as intended, directly or indirectly, to influence public support for, or opposition to—
(a) a registered political party,
(b) a candidate or prospective candidate at a general election, by-election, local election or mayoral election, or
(c) an outcome in a referendum.
(4) Before preparing or revising the Campaign Code, the Electoral Commission must carry out such consultation as it considers appropriate and must in particular consult—
(a) representatives of parties appointed to the Parliamentary Parties Panel in accordance with section 4 (parliamentary parties panel) of the Political Parties, Elections and Referendums Act 2000, and
(b) such other persons as the Electoral Commission considers appropriate.
(5) The Electoral Commission may revise the Campaign Code from time to time, and subsections (1) to (4) apply to a revised Campaign Code as they apply to the original.
(6) Electoral advertising as defined in this Part is regulated under the Electoral Advertising Code of Practice and subject to enforcement by the Electoral Advertising Code Committee.
(7) This Part applies in relation to elections and referendums for which provision may be made by an Act of the United Kingdom Parliament.”
This new clause would establish a Code of Conduct for Political Campaigning. It is connected to NC49 to NC51. The reference in this new clause to “this Part” is a reference to a new Part which would be formed of NC49 to NC51.
New clause 53—Third party campaigning: meaning of “controlled expenditure”—
“(1) Section 85 of PPERA 2000 (controlled expenditure by third parties) is amended as follows.
(2) In subsection (2)(b) substitute “can reasonably be regarded as intended to promote or procure” with “is incurred with a view to promoting or procuring”.
(3) Omit subsection (4A).”
This new clause would amend the definition of “controlled expenditure” so that expenditure will only be “controlled expenditure” if the intention of a relevant third party is to promote or procure electoral success for registered parties or candidates.
New clause 54—Declaration of gifts and benefits—
“(1) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(2) After rule 8 (consent to nomination) insert—
‘Declaration of certain gifts and benefits prior to nomination
(1) A person is not validly nominated unless the person makes a declaration stating—
(a) whether they have received in the 12 months preceding the declaration, or are currently in receipt of, gifts or benefits from a single source which are individually or cumulatively of a value exceeding £5000 (“a qualifying gift or benefit”);
(b) the value of any qualifying gift or benefit; and
(c) the source of any qualifying gift or benefit.
(2) The declaration must be—
(a) in the prescribed form,
(b) signed by the person, and
(c) delivered at the place and within the time for the delivery of nomination papers.
(3) For the purposes of this rule, a gift or benefit means—
(a) any gift to the person of money or other property;
(b) any sponsorship provided in relation to the person;
(c) any money lent to the person otherwise than on commercial terms;
(d) any money spent in paying any expenses incurred directly or indirectly by the person; or
(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the person;
whether or not made in connection with the person’s nomination.
(4) A gift or benefit is not required to be declared under sub-paragraph (1) if it is provided by an immediate family member of the person and the conditions in sub-paragraph (5) are met.
(5) The conditions are that—
(a) the gift or benefit is not being transferred, either directly or indirectly, from any third person; and
(b) the gift or benefit is not made or used in connection with the person’s nomination or any other political activity.
(6) For the purposes of this rule “immediate family member” means a spouse, civil partner, partner, parent, child, sibling, grandparent or grandchild.
(7) In rule 6A (nomination papers: name of registered political party), at the end insert—
“(4) A registered political party is under a duty to ensure that a candidate has made the declaration required by rule 8A, and a certificate under paragraph (1) or (1B) may not be issued by or on behalf of the registered nominating officer of the party in respect of a candidate unless this duty has been discharged.”’”
This new clause would require candidates to declare gifts or benefits worth over £5000, except from immediate family, during the 12 months before nomination to be validly nominated, It also places a duty on parties to ensure candidates have made this declaration before authorising them to stand on their behalf.
New clause 56—Plan for implementation of registration without an application—
“(1) The Secretary of State must prepare and publish a plan for the implementation of Part 2.
(2) The Secretary of State must comply with subsection (1) within the period of two months beginning with the day on which this section of this Act comes into force.
(3) The Secretary of State must lay a copy of the plan before Parliament.
(4) The plan must set out—
(a) the steps that the Secretary of State plans to take to facilitate the registration of persons registered under section 12A of RPA 1983, including the dates by which each step will be completed;
(b) when the Secretary of State expects any pilot regulations made under section 20 to be laid before each House of Parliament;
(c) a projection of the number of additional persons registered by 15 August 2029 as a consequence of the implementation (in part or in full) of Part 2.”
This new clause would require the Secretary of State to publish a plan for implementation of registration without an application.
New clause 57—Compulsory voting and civic education—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish and lay before both Houses of Parliament proposals for introducing—
(a) a compulsory duty to vote at UK parliamentary elections and local elections in England, and
(b) a programme of civic education in connection with that duty.
(2) Proposals published under this section relating to compulsory voting must include—
(a) provision for electors to be able to mark an abstention, either through returning a spoilt or blank ballot;
(b) provision for the failure to vote to be punishable through a penalty fine, at a rate to be set by the Secretary of State;
(c) provision for certain exemptions to be made for those who are unable to participate in an election, including—
(i) those with a physical or mental illness, or disability,
(ii) those who are unavoidably absent from the UK, and
(iii) those with a sincerely held religious belief that prevents them from participating in the election.
(3) Proposals published under this section relating to a programme of civic education must include civic education in schools and the production of learning materials for adults on topics including—
(a) the different electoral systems operation in the UK, and
(b) the roles and responsibilities of elected office holders in the UK.”
This new clause requires the Government to publish proposals for compulsory voting at UK general elections and local elections in England and proposals for a programme of civic education in schools and the production of learning materials for adults on topics including electoral systems and the roles of elected office holders.
New clause 58—Offences for purposes of Part 5 of the Elections Act 2022: domestic abuse—
“(1) Schedule 9 (offences for the purpose of part 5) of the Elections Act 2022 is amended as set out in subsection (2).
(2) After paragraph 52A (Online Safety Act 2023) insert—
“Behaviour amounting to domestic abuse
52B Any offence where the behaviour of the accused amounted to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act).””
This new clause would add offences amounting to domestic abuse to the list of Schedule 9 offences for which provisions relating to hostility would apply.
New clause 59—Disqualification orders for court orders relating to abuse or harassment—
“(1) The Elections Act 2022 is amended as set out below.
(2) After Section 30 (disqualification orders) insert—
“30A Disqualification orders in connection with court orders relating to abuse or harassment
(1) This section applies where—
(a) a person (“the perpetrator”) has a qualifying order made against them,
(b) the perpetrator was aged 18 or over when the order was made, and
(c) the court is satisfied beyond reasonable doubt that behaviour done to a person for whose protection the qualifying order is made is aggravated by hostility to a person falling within any of sections 32 to 34.
(2) For the purposes of subsection (1)(a), a qualifying order is—
(a) a domestic violence protection order;
(b) a non-molestation order; or
(c) a restraining order.
(3) The court must, when making a qualifying order, also make an order (a “disqualification order”) that the offender is disqualified, for the period in which the qualifying order is in force—
(a) for being nominated for election to a relevant elective office, and
(b) for being elected to or holding a relevant elective office.
(4) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the qualifying order or to the perpetrator which would make it unjust in all the circumstances to make the order; and in such a case the court must state the reasons for not making the order.
(5) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 if—
(a) at the time the order was made, or immediately before or after doing so, the offender demonstrated towards the person for whose protection the order was made, hostility based on the person being (or being presumed to be) a person falling within any of sections 32 to 34, or
(b) the abusive behaviour was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.
(6) For the purposes of subsection (4) it is immaterial whether or not the perpetrator’s hostility is also based, to any extent, on any other factor not mentioned in that subsection.
(7) For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the prosecution and the defence.
(8) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the protection order was made.
(9) In this section—
“domestic violence protection order” has the meaning set out in section 27 (meaning of “domestic abuse protection order”) of the Domestic Abuse Act 2021;
“non-molestation order” has the meaning set out in section 42 (non-molestation orders) of the Family Law Act 1996;
“restraining order” has the meaning set out in chapter 3 (protection from harassment) of the Sentencing Act 2020;
“presumed” means presumed by the offender.
(10) In section 37 (interpretation of part), in subsection (1) after “section 30” insert “or 30A”.”
This new clause would require courts to make a disqualifying order alongside court orders imposed to prevent abuse or harassment in cases where the hostility relates to a person protected under the Elections Act 2022.
New clause 61—Restriction on registration of parties with assets greater than £250,000—
“(1) PPERA 2000 is amended as follows.
(2) In Section 28 (registration of parties) after subsection (3D) insert—
“(3DA) A party may not make an application under this section at any time when the total value of the party’s assets is greater than £250,000”
(3) In Schedule 4 (applications under part II) after paragraph 5 insert—
“5A An application must be accompanied by a declaration containing the details of all bank accounts used by the central party and, where relevant, its accounting units for managing all income and expenditure of the party.
5B The Secretary of State may by regulations set out the information required in a declaration under paragraph 5A following a recommendation by the Electoral Commission.
5C Regulations under paragraph 5B are subject to the affirmative resolution procedure.””
This new clause prevents a new political party from applying to be registered with the Electoral Commission if it has assets of more than £250,000 at the time of registration, and to provide the Commission with details of the bank accounts used.
New clause 62—Statutory guidance on suspected breaches of the Ballot Secrecy Act 2023—
“(1) Within six months of the passing of this Act, the Electoral Commission must prepare draft guidance for Returning Officers on enforcing the provisions of the Ballot Secrecy Act 2023.
(2) Once the Commission has prepared draft guidance under this section, it must submit it to the Secretary of State.
(3) Within 28 days of receipt the draft ballot secrecy guidance, the Secretary of State must lay before each House of Parliament a copy of the draft guidance, either—
(a) in its original form, or
(b) in a form which incorporates any modifications that the Secretary of State considers necessary.
(4) If the draft guidance incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.
(5) If, within the 40-day period, either House resolves not to approve the draft guidance, the Secretary of State must take no further steps in relation to the draft guidance.
(6) Subsection (5) does not prevent new draft guidance from being laid before Parliament.
(7) If no resolution of the kind mentioned in subsection (5) is made within the 40-day period—
(a) the Secretary of State must issue the guidance in the form of the draft laid before Parliament,
(b) the Commission must arrange for the guidance to be published in such manner as it considers appropriate, and
(c) the guidance comes into force on such day as the Secretary of State may by regulations appoint.
(8) The Commission—
(a) may from time to time prepare draft revised guidance under this section, and
(b) must prepare draft revised guidance under this section if directed to do so by the Secretary of State.
(9) References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.
(10) In this section “the 40-day period”, in relation to draft guidance, means—
(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(11) Returning Officers must have regard to guidance issued under this section in exercising their functions.”
This new clause would require the Electoral Commission to prepare, and Parliament to approve, statutory guidance to Returning Officers on the enforcement of the Ballot Secrecy Act 2023.
New clause 63—Overseas electors: reform to voting process—
“(1) The Secretary of State, must, by regulations, make provision to enable overseas voters to vote in person at a United Kingdom Embassy, High Commission or consulate at United Kingdom parliamentary elections.
(2) For the purpose of this section, an “overseas elector” is a person who fulfils the requirements for an overseas elector in section 1 (extension of parliamentary franchise) of the RPA 1985.
(3) Regulations made under subsection (1) may amend provision made by or under any other Act as necessary.
(4) Any regulations made under this section must not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”
This new clause would require the Secretary of State to make provision by regulations so that overseas electors can vote in person at United Kingdom embassies, consulates and high commissions for United Kingdom parliamentary elections.
New clause 64—Electoral Register: British Nationals Abroad—
“(1) The Secretary of State may, by regulations, introduce a system to give overseas electors the option to register to vote when they renew their British passport online.
(2) Any regulations made under subsection (1) must be made under the affirmative procedure.”
This new clause would allow the Secretary of State to regulate to introduce a system to allow overseas electors the ability to register to vote when they renew their passport online.
New clause 65—Independent review of registration and participation by overseas electors in UK Parliamentary elections—
“(1) The Secretary of State must commission an independent review into how to increase the registration and participation by overseas electors in UK Parliamentary elections.
(2) The matters which the review must consider shall include, but shall not be limited to—
(a) the experience of overseas voters at 2024 general election;
(b) the impact of the Elections Act 2022 on overseas voters;
(c) the number of voters participating from overseas in recent elections in the United Kingdom.
(3) The independent review must report within six months of the passing of this Act and be laid before Parliament.”
This new clause would require the Secretary of State to commission an independent review into increasing the registration and participation by overseas electors in UK parliamentary elections.
New clause 66—Sponsorship—
“(1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.
(2) In section 51 (sponsorship) after subsection 3 (b) insert—
“(c) the making of any payment in respect of advertisements or marketing at a conference organised by or on behalf of a registered party where the payment is made at the commercial rate payable for such advertisements or marketing;”
(3) In section 52 (payments, services etc. not to be regarded as donations), for subsection (3) substitute—
“(3) Nothing in section 50 or 51 shall have the result that a payment made in respect of the—
(a) hire of a stand,
(b) hire or sponsorship of a lounge, dedicated space, room, marquee, roundtable event, meal or reception,
at or associated with a party conference organised by or on behalf of a registered party is to constitute a donation to the party for the purposes of this Part if or to the extent that the payment does not exceed such of the maximum commercial rates which the Commission determine to be reasonable for such types of activity at a conference.””
This new clause amends the definition of sponsorship for the purposes of PPERA 2000 so that it does not include advertising, marketing, hire of a stand or a space associated with a party conference, where payment is made at commercial rates.
New clause 67—Language of campaign materials—
“(1) During the relevant period campaign material must not be promoted or published in a foreign language.
(2) A person is guilty of an offence if the person causes campaign material to be promoted or published that falls within subsection (1).
(3) For the purposes of this section—
“campaign material” means imprinted election campaign material published by political parties and candidates, whether in hard copy or digital format;
“foreign language” means a native language of any foreign country outside the British Islands, other than English;
“relevant period” the period after the date on which the candidate becomes a candidate at an election.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland to a fine not exceeding level 5 on the standard scale.
(5) It is a defence for a person charged with an offence under subsection (2) to prove—
(a) that the person took all reasonable steps, and exercised all due diligence, to ensure that the campaign material was not promoted or published contrary to subsection (1), and
(b) that the contravention arose from circumstances beyond the person’s control.”
This new clause would ban election materials published in a foreign language by political parties and candidates during the short campaign. It would not ban campaigning in native languages of the British Islands such as in English, Welsh, Cornish, Ulster Scots, Irish, et al. Nor would it prevent campaigning via the likes of BSL or Braille.
New clause 68—Deadlines for proxy vote applications sent by post—
‘(1) In regulation 56 (closing date for applications) of the Representation of the People (England and Wales) Regulations 2001, after paragraph (1) insert—
“(1AA) An application for a proxy vote under paragraph 3(1), (6) or (7), 4(3) or 7(4) of Schedule 4 of the Representation of the People Act 2000 is not to be refused by virtue of paragraph (1) if—
(a) the application was sent by post; and
(b) the registration officer is satisfied on the basis of a postmark or other proof of posting that the application was posted at such time that it would be a reasonable expectation of the applicant that it would have been delivered before the time mentioned in paragraph (1); and
(c) the application was received before 5 p.m. on the day of the poll at that election.
(1AB) In determining for the purposes of paragraph (1AA)(b) whether an application would have been delivered before the time mentioned in paragraph (1), the registration officer must have regard to—
(a) the means of postal delivery used, and
(b) any evidence before the registration officer as to the reasonable expectation for the time of delivery by that means.”
(2) In regulation 56 (closing date for applications) of the Representation of the People (Scotland) Regulations 2001, after paragraph (1) insert—
“(1AA) An application for a proxy vote under paragraph 3(1), (6) or (7), 4(3) or 7(4) of Schedule 4 of the Representation of the People Act 2000 for a particular parliamentary election is not to be refused by virtue of paragraph (1) if—
(a) the application was sent by post; and
(b) the registration officer is satisfied on the basis of a postmark or other proof of posting that the application was posted at such time that it would be a reasonable expectation of the applicant that it would have been delivered before the time mentioned in paragraph (1); and
(c) the application was received before 5 p.m. on the day of the poll at that election.
(1AB) In determining for the purposes of paragraph (1AA)(b) whether an application would have been delivered before the time mentioned in paragraph (1), the registration officer must have regard to—
(a) the means of postal delivery used, and
(b) any evidence before the registration officer as to the reasonable expectation for the time of delivery by that means”
(3) In regulation 57 (closing date for applications) of the Representation of the People (Northern Ireland) Regulations 2001, after paragraph (1) insert—
“(1AA) An application for a proxy vote under paragraph 3(1), (6) or (7), 4(3) or 7(4) of Schedule 4 of the Representation of the People Act 2000 for a particular parliamentary election is not to be refused by virtue of paragraph (1) if—
(a) the application was sent by post; and
(b) the registration officer is satisfied on the basis of a postmark or other proof of posting that the application was posted at such time that it would be a reasonable expectation of the applicant that it would have been delivered before the time mentioned in paragraph (1); and
(c) the application was received before 5 p.m. on the day of the poll at that election.
(1AB) In determining for the purposes of paragraph (1AA)(b) whether an application would have been delivered before the time mentioned in paragraph (1), the registration officer must have regard to—
(a) the means of postal delivery used, and
(b) any evidence before the registration officer as to the reasonable expectation for the time of delivery by that means”.’
This new clause would require registration officers to accept postal applications for proxy votes in local and general elections in England and Wales, and in general elections in Scotland and Northern Ireland received after the deadline, where there is proof that the application was sent on time for the deadline.
New clause 69—Cap on donations—
‘(1) PPERA 2000 is amended as follows.
(2) After section 55 (payments etc. which are (or are not) to be treated as donations by permissible donors) insert—
“55A Cap on donations
(1) A permissible donor must not, subject to subsections (3) and (4), directly or indirectly give a donation to a relevant regulated entity that, individually or in aggregate with other donations from that permissible donor in the same calendar year, exceeds £1,000,000 “the donations cap”.
(2) “Donations” for the purpose of sections 55A to 55F, has the meaning given in section 50 (donations for the purposes of part iv) but does not apply to—
(a) public funds within the meaning of section 55(2);
(b) affiliation fees paid by a trade union to a registered party that comply with the conditions set out in subsection (3) below;
(c) subscriptions paid by industrial and provident societies to a registered party;
(d) donations between registered parties;
(e) exempt trusts within the meaning of section 162(2);
(f) bequests.
(3) The conditions referred to in subsection 2(b) are that—
(a) the amounts paid by the union’s members into the union’s political fund as their contribution to the union’s affiliation fee, and the money paid by that union to the registered party as its affiliation fee are the same;
(b) the following information must be provided by the union on all of its membership application forms:
(i) an explanation of what the political fund is and the union’s affiliation to a political party;
(ii) an explanation of how much individual members contribute to the political fund and towards the union’s affiliation fee;
(iii) an explanation of the trade union member’s right at any time to stop contributing to the political fund and the union’s affiliation fee and clear information about how they can do this; and
(iv) an explanation of the fact that if a member stops contributing, their membership subscription will be reduced accordingly; and
(c) the union informs its members annually of the amount they are contributing to the union’s affiliation fee and of their right to opt out of contributing to the political fund, including how they may do so.
(4) A person who contravenes subsection (1) and who knew or ought reasonably to have known their donation exceeded the donations cap commits an offence.
55B Prohibition on accepting donations in excess of the cap
(1) A relevant regulated entity must not accept a donation that, individually or in aggregate with other donations from that donor, exceeds the donations cap under section 55A.
(2) A relevant person or unincorporated association that contravenes subsection (1) and who knew or ought reasonably to have known that accepting a donation would exceed the donations cap under section 55A commits an offence.
55C Receipts for donations
(1) A relevant regulated entity must, within the period of 30 days beginning with the relevant date, provide the donor with a receipt which states—
(a) the name of the relevant regulated entity, and any unique identifier given to it by the Electoral Commission;
(b) the amount of the donation received;
(c) the amount of the donation accepted or returned; and
(d) the date on which the donation was accepted or returned.
55D Declaration as to compliance with the donations cap
(1) Where a person (P) causes an amount to be received by a relevant regulated entity by way of a donation, a written declaration must be given to the relevant regulated entity—
(a) by P, if P is an individual, or
(b) if not, by an individual authorised by P to make the declaration,
stating, to the best of the individual's knowledge and belief, the donation does not exceed the donations cap under section 55A (cap on donations).
(2) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (1)(b) applies—
(a) state that the person is authorised by P to make the declaration;
(b) describe the person's role or position in relation to P; and
(c) where relevant, that they have complied with the requirements of section 55F (verification by directors, members and persons of significant control of political donations by companies and limited liability partnerships).
(3) A person who knowingly or recklessly makes a false declaration under this section commits an offence.
(4) The Commission may by regulations prescribe a form of declaration which may be used for the purposes of this section, and other declarations donors are required to give to a relevant regulated entity by virtue of this Act.
55E Attribution of donations connected with companies and limited liability partnerships
(1) For the purposes of section 55A (cap on donations)—
(a) a donation made by a company or limited liability partnership is to be treated as made by each relevant person connected with that company or limited liability partnership, and
(b) a donation made by a relevant person is to be treated as made by each company or limited liability partnership with which that person is connected.
(2) For the purposes of this section, the relevant persons connected with a company are—
(a) members of the company,
(b) directors of the company,
(c) shareholders of the company, and
(d) persons with significant control over the company within the meaning of Part 21A of the Companies Act 2006.
(3) For the purposes of this section, the relevant persons connected with a limited liability partnership are—
(a) members of the limited liability partnership, and
(b) persons with significant control over the limited liability partnership.
(4) This section applies in addition to, and not in place of, any donation made by the relevant person in their own capacity.
(5) This section does not apply to companies with voting shares admitted to trading on a UK regulated market or an EU regulated market within the meaning of section 1173 (minor definitions: general) of the Companies Act 2006.
55F Verification by directors, members and persons of significant control of political donations by companies and limited liability partnerships
(1) A company or limited liability partnership must not make a donation until they have verified with their directors, members, shareholders and people with significant control that doing so would not exceed the donations cap.
(2) In section 56(1) (acceptance or return of donations: general), leave out from “ascertain)” to the end of the subsection and insert—
(a) the identity of the donor;
(b) whether they are a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 or 2A of Schedule 6 to be given in respect of the donor of a recordable donation;
(c) whether the donation exceeds the donations cap.
(3) In section 56(2), after "by virtue of section 54(1)" insert—
“or section 55B”
(4) After section 56(2) insert—
56 “(2A) Where subsection (2) applies and only part of a donation exceeds the donation cap, the party may retain the amount that does not exceed the donations cap.”
(5) In section 61(1) (offences concerned with evasion of restrictions on donations), after "other than a permissible donor" insert—
“, or which facilitates or is likely to facilitate a breach of section 55A (cap on donations)”
(6) In section 160 (general interpretation)—
(a) after "“organisation” includes any body corporate and any combination of persons or other unincorporated association;" insert—
“political fund” means a political fund maintained by a trade union under Part I of the Trade Union and Labour Relations (Consolidation) Act 1992;”
(b) after “registered party” means a party registered under Part II of this Act;” insert—
“relevant regulated entity” means—
(a) a registered party within the meaning of Part II of this Act;
(b) a recognised third party within the meaning of Part VI of this Act;
(c) a regulated donee within the meaning of Schedule 7 of this Act;
(d) a candidate standing for a relevant election within the meaning of section 22(5) of this Act;
(e) an unincorporated association making political contributions within the meaning of Schedule 19A.
“relevant person” for the purposes of subsection 55B(2) means—
(a) in the case of a political party, the Treasurer;
(b) in the case of a recognised third party, the responsible person;
(c) in the case of a regulated donee, that person; and
(d) in the case of a candidate, that person.
() In paragraph 6 of schedule 6 (Donations from impermissible donors), after “section 54(1)(a)” insert—
“or section 55B.”
(8) In Schedule 20, in Table after
Insert—
The purpose of this new clause is to introduce a cap on the amount any individual or organisation can give to a political party, candidate, third party campaigner or regulated donee within a calendar year, together with related offences, through amendment to PPERA 2000.
New clause 70—Limits on campaign expenditure—
“In paragraph 3 of Schedule 9 to the Political Parties, Elections and Referendums Act 2000 (limits on campaign expenditure)—
(a) in sub-paragraph (2), for "£54,010" substitute "£37,600";
(b) in sub-paragraph (3)(a), for "£1,458,440" substitute "£1,015,100";
(c) in sub-paragraph (3)(b), for "£216,060" substitute "£150,390";
(d) in sub-paragraph (3)(c), for "£108,030" substitute “£75,000";
(e) in sub-paragraph (4), for "£54,010" substitute “£37,600”.”
This new clause lowers the national campaign spending limits for political parties, in line with recommendations from the Committee on Standards in Public Life (CSPL).
New clause 71—Cap on donations exceeding £100,000—
“(1) PPERA 2000 is amended as set out in subsection (2).
(2) After section 56 (acceptance of return of donations: general) insert—
“56A Cap on donations exceeding £100,000
(1) A registered party, recognised third party, regulated donee or permitted participant must not accept a donation or gift from a person if the value of donations and gifts from that person during the course of that calendar year exceeds £100,000.
(2) Where a donation is received which would cause the limit for the purposes of subsection (1) to be exceeded, the amount by which the limit is exceeded is to be treated for the purposes of this Act as a donation received from a person who is not a permissible donor.
(3) Subsection (1) does not apply to donations between registered parties or where the source of funds for the donation are—
(a) public funds within the meaning of section 55(2);
(b) exempt trusts within the meaning of section 162(2);
(c) affiliation fees paid by a trade union to a registered party that comply with the conditions set out in subsection (4);
(d) subscriptions paid by registered societies under the Co-operative and Community Benefit Societies Act 2014 to a registered party; or
(e) bequests.
(4) The conditions for the purposes of subsection (3)(c) are—
(a) that the total amount contributed by members of a union to its political fund for the purpose of paying that union’s affiliation fee to a registered party is no less than the total affiliation fee paid by that union to the registered party; and
(b) that the trade union has within the previous twelve months provided those members who contribute to the political fund of that union with details of—
(i) the purpose of the political fund;
(ii) any relationship between the union and any political party in receipt of contributions paid from the political fund; and
(iii) the manner in which a member who contributes to the political fund may exercise a right to stop any contribution to the political fund.
(5) The Secretary of State may by regulations make provision about the administration of the conditions in subsection (4).
(6) Regulations under subsection (5) are subject to the affirmative resolution procedure.””
This new clause would introduce an annual cap of £100,000 on donations for registered parties, recognised third parties, regulated donees, permitted participants or candidates and their agents, with exemptions for certain organisational donations and bequests.
New clause 80—Cap on donations—
“(1) PPERA 2000 is amended as follows.
(2) After section 55 (payments etc. which are (or are not) to be treated as donations by permissible donors) insert—
“55A Cap on donations
(1) A permissible donor must not, subject to subsections (3) and (4), directly or indirectly give a donation to a relevant regulated entity that, individually or in aggregate with other donations from that permissible donor in the same calendar year, exceeds £250,000 “the donations cap”.
(2) “Donations” for the purpose of sections 55A to 55F, has the meaning given in section 50 (donations for the purposes of part iv) but does not apply to—
(a) public funds within the meaning of section 55(2);
(b) affiliation fees paid by a trade union to a registered party that comply with the conditions set out in subsection (3) below;
(c) subscriptions paid by industrial and provident societies to a registered party;
(d) donations between registered parties;
(e) exempt trusts within the meaning of section 162(2);
(f) bequests.
(3) The conditions referred to in subsection 2(b) are that—
(a) the amounts paid by the union’s members into the union’s political fund as their contribution to the union’s affiliation fee, and the money paid by that union to the registered party as its affiliation fee are the same;
(b) the following information must be provided by the union on all of its membership application forms—
(i) an explanation of what the political fund is and the union’s affiliation to a political party;
(ii) an explanation of how much individual members contribute to the political fund and towards the union’s affiliation fee;
(iii) an explanation of the trade union member’s right at any time to stop contributing to the political fund and the union’s affiliation fee and clear information about how they can do this; and
(iv) an explanation of the fact that if a member stops contributing, their membership subscription will be reduced accordingly; and
(c) the union informs its members annually of the amount they are contributing to the union’s affiliation fee and of their right to opt out of contributing to the political fund, including how they may do so.
(4) A person who contravenes subsection (1) and who knew or ought reasonably to have known their donation exceeded the donations cap commits an offence.
55B Prohibition on accepting donations in excess of the cap
(1) A relevant regulated entity must not accept a donation that, individually or in aggregate with other donations from that donor, exceeds the donations cap under section 55A.
(2) A relevant person or unincorporated association that contravenes subsection (1) and who knew or ought reasonably to have known that the accepting a donation would exceed the donations cap under section 55A commits an offence.
55C Receipts for donations
(1) A relevant regulated entity must, within the period of 30 days beginning with the relevant date, provide the donor with a receipt which states—
(a) the name of the relevant regulated entity, and any unique identifier given to it by the Electoral Commission;
(b) the amount of the donation received;
(c) the amount of the donation accepted or returned; and
(d) the date on which the donation was accepted or returned.
(2) The relevant date for the purposes of subsection (1) is—
(a) where the donation is accepted, the date of acceptance; or
(b) where the donation is returned, the date of return.
(3) When requested by a relevant regulated entity for the purpose of complying with section 56(1) (acceptance or return of donations: general), a donor must provide copies of all receipts received by them within that calendar year.
(4) Donors and relevant regulated entities must retain copies of receipts issued or received under this section for a period of 5 years.
(5) When requested by a relevant regulated entity for the purpose of complying with section 56(1) (acceptance or return of donations: general), the Electoral Commission must provide a unique identifier to the relevant regulated entity.
55D Declaration as to compliance with the donations cap
(1) Where a person (P) causes an amount to be received by a relevant regulated entity by way of a donation, a written declaration must be given to the relevant regulated entity—
(a) by P, if P is an individual, or
(b) if not, by an individual authorised by P to make the declaration,
stating, to the best of the individual's knowledge and belief, the donation does not exceed the donations cap under section 55A (cap on donations).
(2) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (1)(b) applies—
(a) state that the person is authorised by P to make the declaration;
(b) describe the person's role or position in relation to P; and
(c) where relevant, that they have complied with the requirements of section 55F (verification by directors, members and persons of significant control of political donations by companies and limited liability partnerships).
(3) A person who knowingly or recklessly makes a false declaration under this section commits an offence.
(4) The Commission may by regulations prescribe a form of declaration which may be used for the purposes of this section, and other declarations donors are required to give to a relevant regulated entity by virtue of this Act.
55E Attribution of donations connected with companies and limited liability partnerships
(1) For the purposes of section 55A (cap on donations)—
(a) a donation made by a company or limited liability partnership is to be treated as made by each relevant person connected with that company or limited liability partnership, and
(b) a donation made by a relevant person is to be treated as made by each company or limited liability partnership with which that person is connected.
(2) For the purposes of this section, the relevant persons connected with a company are—
(a) members of the company,
(b) directors of the company,
(c) shareholders of the company, and
(d) persons with significant control over the company within the meaning of Part 21A of the Companies Act 2006.
(3) For the purposes of this section, the relevant persons connected with a limited liability partnership are—
(a) members of the limited liability partnership, and
(b) persons with significant control over the limited liability partnership.
(4) This section applies in addition to, and not in place of, any donation made by the relevant person in their own capacity.
(5) This section does not apply to companies with voting shares admitted to trading on a UK regulated market or an EU regulated market within the meaning of section 1173 (minor definitions: general) of the Companies Act 2006.
55F Verification by directors, members and persons of signification control of political donations by companies and limited liability partnerships
(1) A company or limited liability partnership must not make a donation until they have verified with their directors, members, shareholders and people with significant control that doing so would not exceed the donations cap.
(2) In section 56(1) (acceptance or return of donations: general), leave out from “ascertain)” to the end of the subsection and insert—
(a) the identity of the donor;
(b) whether they are a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 or 2A of Schedule 6 to be given in respect of the donor of a recordable donation;
(c) whether the donation exceeds the donations cap.”
(3) In section 56(2), after "by virtue of section 54(1)" insert—
“or section 55B”
(4) After section 56(2) insert—
56 “(2A) Where subsection (2) applies and only part of a donation exceeds the donation cap, the party may retain the amount that does not exceed the donations cap.”
(5) In section 61(1) (offences concerned with evasion of restrictions on donations), after "other than a permissible donor" insert—
“, or which facilitates or is likely to facilitate a breach of section 55A (cap on donations)”
(6) In section 160 (general interpretation)—
(a) after "“organisation” includes any body corporate and any combination of persons or other unincorporated association;” insert—
““political fund” means a political fund maintained by a trade union under Part I of the Trade Union and Labour Relations (Consolidation) Act 1992;”
(b) after "registered party" means a party registered under Part II of this Act;" insert—
““relevant regulated entity” means—
(a) a registered party within the meaning of Part II of this Act;
(b) a recognised third party within the meaning of Part VI of this Act;
(c) a regulated donee within the meaning of Schedule 7 of this Act;
(d) a candidate standing for a relevant election within the meaning of section 22(5) of this Act;
(e) an unincorporated association making political contributions within the meaning of Schedule 19A.
“relevant person” for the purposes of subsection 55B(2) means—
(a) in the case of a political party, the Treasurer;
(b) in the case of a recognised third party, the responsible person;
(c) in the case of a regulated donee, that person; and
(d) in the case of a candidate, that person.”
(7) In paragraph 6 of schedule 6 (Donations from impermissible donors), after "section 54(1)(a)" insert—
“" or section 55B".”
(8) In Schedule 20, in Table after
insert—
The purpose of this new clause is to introduce a cap on the amount any individual or organisation can give to a political party, candidate, third party campaigner or regulated donee within a calendar year, together with related offences, through amendment to PPERA 2000.
New clause 81—Removal of requirement to publish candidates’ addresses
“(1) Schedule 1 of RPA 1983 is amended as follows.
(2) In rule 6 (nomination of candidates) omit paragraphs (5) and (6).
(3) In rule 14 (publication of statement of persons nominated)—
“(a) In paragraph (2) for “addresses” substitute “a statement of—
“(a) where the candidate’s home address is in the United Kingdom, the constituency or the relevant area within which that address is situated;
(b) where the candidate’s home address is outside the United Kingdom, the country within which that address is situated;”
(b) After paragraph (2) insert—
“(2ZA) In paragraph (2)(a), “relevant area” means—
“(a) in relation to a home address in England—
(i) if the address is within a district for which there is a district council, that district;
(ii) if the address is within a county in which there are no districts with councils, that county;
(iii) if the address is within a London borough, that London borough;
(iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London;
(v) if the address is within the Isles of Scilly, the Isles of Scilly;
(b) in relation to a home address in Wales—
(i) if the address is within a county, that county;
(ii) if the address is within a county borough, that county borough;
(c) in relation to a home address in Scotland, the local government area in which the address is situated;
(d) in relation to a home address in Northern Ireland, the local government district in which the address is situated.””
(c) Omit paragraph (3A)”
(4) In rule 14A (correction of minor errors) omit subparagraph (2)(c).”
This new clause would remove the requirement for candidates’ addresses to be published, replacing it with a statement of the constituency, relevant area or country outside the UK in which they are resident.
New clause 82—Liability for false statements as to candidates and undue influence on regulated user-to-user services—
“(1) RPA 1983 is amended as follows.
(2) Section 106 (false statements as to candidates) is amended as set out in subsections (3) to (5).
(3) In subsection (1) after “makes” insert “hosts on a regulated user-to-user service”.
(4) After subsection (7) insert—
“(7A) It is a defence for a person charged under subsection (1) in connection with the hosting on a regulated user-to-user service if the person is alerted by a person to the presence of any activity on the regulated user-to-user service, or becomes aware of it in any other way, and removes such activity as soon as is reasonably practicable.”
(5) After subsection (9) insert—
“(10) For the purposes of this section a “regulated user-to-user service” has the meaning given in subsection 4(4) of the Online Safety Act 2023 (“regulated service”, “part 3 service” etc).”
(6) Section 114A (undue influence) is amended as set out in subsection (7) to (8).
(7) In subsection (5) after (c) insert—
“(d) on a regulated user-to-user service operated by or on behalf of P”
(8) After subsection (5) insert—
“(5A) It is a defence for a person charged under subsection (1) in connection with an activity under subsection 5(d) if the person is alerted by a person to the presence of any such activity on the regulated user-to-user service, or becomes aware of it in any other way, and removes such activity as soon as is reasonably practicable.
(5B) For the purposes of subsection (5) a “regulated user-to-user service” has the meaning given in subsection 4(4) of the Online Safety Act 2023 (“regulated service”, “part 3 service” etc).””
This new clause would enable operators of regulated user-to-user services, as defined in the Online Safety Act 2023, to be held liable for false statements relating to election candidates and activity amounting to undue influence in elections, if not swiftly removed from the service.
New clause 83—Proposals for regulation of social media during specified elections—
“(1) Within six months of the passing of this Act, the Secretary of State must publish proposals for the regulation of content relating to specified elections on regulated user-to-user services during election periods.
(2) The specified elections for the purposes of subsection (1) are—
(a) UK parliamentary elections, and
(b) local government elections in England and Wales.
(3) The election periods for the purpose of subsection (1) are—
(a) in the case of a parliamentary election, the period between the issuance of a writ and the closure of polling, as set out in paragraph 1 (timetable) of schedule 1 of RPA 1983; or
(b) in the case of a local election, the period between the publication of the notice of election and the closure of polling, as set out in schedules 2 (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election) and schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum) of the Local Elections (Principal Areas) (England and Wales) Rules 2006.
(4) Proposals under subsection (1) must include measures to require regulated user-to-user services to—
(a) have regard to fairness and public confidence in specified elections in relation to the publication and promotion of content on the service; and
(b) remove content that is deliberately false or misleading relating to specified elections as quickly as is reasonably possible.
(5) In preparing proposals under subsection (1), the Secretary of State must have regard to—
(a) The operation of the Online Safety Act 2023 with regard to regulated user-to-user services; and
(b) The operation of section 6 of the Ofcom Broadcasting Code as established by section 319 (OFCOM’s standards code) of the Communications Act 2003 (“the Broadcasting Code”).
(6) In preparing proposals under subsection (1), the Secretary of State must consult—
(a) the Electoral Commission,
(b) Ofcom,
(c) representatives of broadcasters subject to the Broadcasting Code,
(d) representatives of operators of regulated user-to-user services;
(e) representatives of registered political parties; and
(f) such other persons as the Secretary of State considers appropriate.
(7) The Secretary of State must lay the proposals before both Houses of Parliament.
(8) For the purposes of this section a “regulated user-to-user service” has the meaning given in subsection 4(4) of the Online Safety Act 2023 (“regulated service”, “part 3 service” etc).”
This new clause would require the Government to bring forward proposals for the regulation of election-related content of regulated user-to-user services, as defined in the Online Safety Act 2023, during parliamentary elections and local Government elections.
New clause 84—Party descriptions in the form of instructions to voters—
“After subparagraph (2)(g) of section 28A of PPERA 2000 (descriptions) insert—
“(h) could be interpreted as an instruction to an elector on how to cast their vote.””
This new clause would prevent a candidate from registering a party description that could be interpreted as an instruction to an elector in how to cast their vote.
New clause 85—Permissible donors not to include overseas voters—
“At the end of subsection 54(2)(a) of PPERA (permissible donors) insert — “and who is not qualified to vote as an overseas elector under section 1 (extension of parliamentary franchise) of the RPA 1985”
This new clause would prevent donations being received from overseas voters.
New clause 86—Impermissible donations where donor’s income is not subject to UK tax liability—
“(1) Part 4 of PPERA 2000 (control of donations to registered parties and their members etc) is amended as follows.
(2) In section 54 (permissible donors), subsection (1)—
(a) omit the “or” at the end of paragraph (aa) (both as inserted by section 9(1) of the Political Parties and Elections Act 2009 and as substituted by section 10(1) of that Act);
(b) after that paragraph insert—
“(ab) the person by whom the donation is to be made is using the Foreign Income and Gains regime to claim tax relief on—
(i) income and gains arising from outside the UK; or
(ii) UK income or gains deemed to be foreign under the qualifying asset holding company rules.””
This new clause would mean that donations could not be accepted by parties if a donor was using the Foreign Income and Gains regime to claim tax relief on foreign income.
New clause 87—Randomised listing of names on ballot papers—
“(1) Representation of the People (Ballot Paper) Regulations 2015 is amended as follows.
(2) In Schedule 2, at end insert—
“14 The order of candidate surnames on ballot papers where more than one candidate is to be elected must be listed using a randomised system rather than names being listed alphabetically.””
This new clause would require the order of names on ballot papers for UK Parliamentary elections to be determined and listed using a randomised system.
New clause 88—Proposals for a Royal Commission on political donations and campaign expenditure—
“(1) Within three months of the passing of this Act, the Secretary of State must publish proposals for the establishment of a Royal Commission to consider—
(a) the merits of a cap on political donations, and the level at which such a cap should be set, and
(b) the effectiveness of existing limits on campaign expenditure, including the appropriateness of the time period during which those limits apply.
(2) Any proposals made under this section must specify that the Royal Commission should publish its recommendations for a cap on political donations within twelve months of being established.
(3) Proposals published under this section must include proposals for the Royal Commission’s—
(a) terms of reference,
(b) membership, and
(c) funding.”
This new clause requires the Secretary of State to put forward proposals to establish a Royal Commission to consider and make recommendations for a cap on political donations, as well as the effectiveness of existing campaign expenditure limits.
New clause 89—Compulsory voting—
“(1) The Secretary of State must, within 6 months of section 17 (registration without an application) of this Act coming into force, publish and lay before both Houses of Parliament proposals for introducing compulsory duty to vote at UK parliamentary elections and local elections in England for individuals who are registered to vote.
(2) Proposals published under this section relating to compulsory voting must include—
(a) provision for electors to be able to mark an abstention, either through returning a spoilt or blank ballot;
(b) provision for the failure to vote to be punishable through a penalty fine of £10.
(c) provision for certain exemptions to be made for those who are prevented from participating in an election as a , including—
(i) those with a physical or mental incapacity, illness, or disability,
(ii) those who are absent from the UK, and
(iii) those with a sincerely held conscientious or religious belief
(d) provision for pilots of compulsory voting in connection with any pilots undertaken under Section 20 of this Act (power to pilot changes to the voter registration process).”
This new clause would require the Secretary of State to bring forward proposals for compulsory voting, including piloting compulsory voting in connection with any pilots of changes to voter registration process.
New clause 91—Declaration of notification requirements for registered sex offenders—
“(1) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows.
(2) After rule 8 (consent to nomination) insert—
“(8A) Declaration of notification requirements for registered sex offenders
(1) A person convicted and sentenced for a sexual offence or sexual offences under the Sexual Offences Act 2003 must declare whether they are required to comply with the sexual offences notification regime as part of the nomination process, otherwise that person is not validly nominated.
(2) The declaration must be—
(a) in the prescribed form,
(b) signed by the person, and
(c) delivered at the place and within the time for the delivery of nomination papers.””
This new clause would require sexual offenders who are subject to the notification requirements under the Sexual Offences Act 2003 to declare this requirement as part of the candidate nomination process.
New clause 92—Permissible donors not to include overseas electors registered for periods exceeding five years—
“(1) Section 54 of PPERA 2000 (permissible donors) is amended as follows.
(2) After subsection (2) insert—
“(2A) An individual who would otherwise fall within subsection (2)(a) is not a permissible donor if that individual—
(a) is currently registered as an overseas elector; and
(b) that registration as an overseas elector has been for a continuous period exceeding five years.
(2B) For the purpose of this section, an “overseas elector” is a person who fulfils the requirements for an overseas elector in section 1 (extension of parliamentary franchise) of the RPA 1985””
This new clause would prevent overseas electors who have been registered as such for more than five years from being a permissible donor.
New clause 93—Impermissible donations and donors—
“(1) After section 54 of PPERA 2000, insert—
“54A Impermissible donations: criminal property and proceeds of crime
(1) A donation received by a registered party or regulated donee, must not be accepted by that recipient if—
(a) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the party or regulated donee knows or ought reasonably to have known that the donation constitutes “criminal property” within the meaning of section 340 of the 2002 Act, or
(b) the donation derives from money or other benefit where there is a reasonable suspicion that it comes from the proceeds of crime.
(2) In paragraph 6(1) of Schedule 2A to the Representation of the People Act 1983, after sub-paragraph (b) insert—
“(c) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the candidate or his election agent knows, or ought reasonably to have known that the donation constitutes “criminal property” within the meaning of section 340 of the 2002 Act.”
(3) After subsection Section 54 (permissible donors) of PPERA 2000 insert—
“(2A) A person who would otherwise fall under section 54(2) is not a permissible donor if their donation derives directly or indirectly from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and which was provided with a view to the making of the donation.”
(4) In paragraph 6(1) of Schedule 2A to the Representation of the People Act 1983, after sub-paragraph (b) insert—
“(c) the donation derives directly or indirectly from money or other benefit provided by a person who is resident outside the United Kingdom, and not registered in an electoral register, and which was provided with a view to the making of the donation.”
(5) After section 54A of PPERA 2000 (declaration as to source of donation) insert—
“54AA Declaration as to source of a donation or loan: criminal property and proceeds of crime
(1) Where a person (P) causes an amount to be received by a registered party by way of a donation, a written declaration must be given to the party—
(a) by P, if P is an individual, or
(b) if not, by an individual authorised by P to make the declaration,
stating that the donation or loan, to the best of the individual’s knowledge and belief, meets the criteria set out in subsection (2).
(2) The criteria in this subsection are—
(a) that the donation does not constitute “criminal property” within the meaning of section 340 of the Proceeds of Crime Act 2002, and
(b) that the donation does not directly or indirectly derive from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to the making of the donation.
(3) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (1)(b) applies—
(a) state that the person is authorised by P to make the declaration;
(b) describe the person's role or position in relation to P.
(4) A person who knowingly or recklessly makes a false declaration under this section commits an offence subject to the same sanction as an offence under section 54A (declaration as to the source of a donation).”
(6) After subsection 56(1) (acceptance or return of donations) of PPERA 2000, insert—
“(1A) The duty in subsection (1) shall include a duty to take all reasonable steps to verify that—
(a) the donation does not derive directly or indirectly from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to the making of the donation or loan; and
(b) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the donation does not constitute “criminal property” within the meaning of section 340 of the 2002 Act.
(1B) The Secretary of State may, after consultation with the Electoral Commission, make regulations exercisable by statutory instrument providing what the duty in subsection (1), to take all reasonable steps, requires.
(1C) Any regulations made under subsection (1B) may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate and may make different provision for different cases.
(1D) Regulations to which subsection (1B) applies are not to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.”””
This new clause prevents donations to parties and candidates where the donation derives from the proceeds of crime or is provided by a person who is not resident in the UK and is not registered on the electoral register, and creates related declarations and verification requirements.
New clause 94—Government proposals to require declarations as to the source of a donation: money derived from cryptocurrency—
“Within six months of the passing of this Act, the Secretary of State must publish and lay before both Houses of Parliament proposals to require—
(a) any person who causes a donation, loan, or other regulated transaction to be received by a political party to make a declaration that they have not converted cryptocurrency into fiat currency for the purposes of avoiding the restrictions of section 55A (cryptoassets) of PPERA 2000; and
(b) for any donation not accompanied by such a declaration to be returned to the donor.”
This new clause is intended to require the Government to bring forward proposals to require people who donate to registered parties to declare that they have not converted money from cryptocurrency to fiat currency to avoid the restrictions.
New clause 95—Acceptance of regulated transactions—
“(1) PPERA 2000 is amended as follows.
(2) After section 71G (valuation of regulated transactions) insert—
“71GAA Conditions for being a party to a regulated transaction
(1) A registered political party or other regulated donee must not be party to a regulated transaction if—
(a) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the party or regulated donee knows or ought reasonably to have known that the financing of the regulated transaction is through the use of “criminal property” within the meaning of section 340 of the 2002 Act, or
(b) the financing of the regulated transaction derives from money or other benefit where there is a reasonable suspicion that it comes from the proceeds of crime.
(c) that the financing of the regulated transaction does not directly or indirectly derive from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to providing finance for the transaction.”
(3) After section 71HZA (declaration that residence etc condition is satisfied) insert—
“71HZB Declaration regarding the source of finance for regulated transactions
(1) A registered party or regulated donee must not be party to a regulated transaction unless they have received a written declaration from the other party to the transaction where that party is an individual stating that to the best of the individual’s knowledge and belief, that the transaction meets the criteria set out in subsection (2).
(2) The criteria in this subsection are—
(a) that the financing of the regulated transaction does not directly or indirectly derive from money or other benefit that constitutes "criminal property" within the meaning of section 340 of the Proceeds of Crime Act 2002, and
(b) that the donation does not directly or indirectly derive from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to the making of the donation.
(3) A declaration under this section must also state the full name and address of the person by whom it is made.
(4) A person who knowingly or recklessly makes a false declaration under this section commits an offence subject to the same sanction as an offence under section 54A (declaration as to the source of a donation).””
This new clause prevents loans being provided to registered parties and regulated donees where the financing of the transaction derives from the proceeds of crime or is provided by a person who is not resident in the UK and is not registered on the electoral register, and creates related declarations.
New clause 96—Permissible electors to include overseas electors with previous tax residence etc—
“(1) Section 54 of the Political Parties, Elections and Referendums Act 2000 (permissible donors) is amended as follows.
(2) In subsection (2)(a), at the end insert “(but this is subject to subsection (2ZA))”.
(3) After subsection (2) insert—
“(2ZA) An individual registered in an electoral register who at the date of a donation qualifies as an overseas elector in respect of a constituency is only a permissible donor for the purposes of this Part if—
(a) the individual was at any time resident in the UK for tax purposes,
(b) the individual has a Unique Taxpayer Reference, and
(c) the individual holds, and has held for at least the past 12 months, sufficient funds that may be charged to tax in the United Kingdom that are at least equivalent to the value of the donation.
(2ZB) For the purposes of subsection (2ZA)—
(a) whether a person qualifies as an overseas elector is to be determined in accordance with section 1A of the Representation of the People Act 1985;
(b) whether a person was at any time resident in the UK for tax purposes is to be determined in accordance with Schedule 45 to the Finance Act 2013.””
This new clause limits permissible donors who are overseas electors to those who have previously been resident in the UK for tax purposes, have a Unique Taxpayer Reference and holds funds that may be taxed in the UK which have a value of at least the amount to be donated.
New clause 97—Power of Electoral Commission to require disclosure from financial institutions—
“In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert—
“Power to require disclosure from financial institutions
1A(1) The Commission may give a disclosure notice to a financial institution requiring the institution—
(a) to produce, for inspection by the Commission or a person authorised by the Commission, any documents which—
(i) relate to the income and expenditure of an organisation or individual to which paragraph 1 applies, and
(ii) are reasonably required by the Commission for the purposes of carrying out their functions; or
(b) to provide the Commission, or a person authorised by the Commission, with any information or explanation which relates to that income and expenditure and is reasonably required by the Commission for those purposes.
(2) A financial institution to whom a disclosure notice is given shall comply with it within such reasonable time as is specified in the notice.
(3) In this paragraph, “financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule).””
This new clause gives the Electoral Commission the power to require information from a financial institution relating to the income and expenditure of political parties and associated individuals.
New clause 98—Commencement of section 9(2) of the Political Parties and Elections Act 2009—
“(1) By 1 July 2027, the Secretary of State must exercise the power in section 43(1) of the Political Parties and Elections Act 2009 to bring into force section 9(2) of that Act (declaration as to source of donation).
(2) This section comes into force on the day on which this Act is passed (and section 80 is to be construed accordingly).”
This new clause requires the Secretary of State to exercise the power to commence section 9(2) of the Political Parties and Elections Act 2009 which inserts section 54A into the Political Parties, Elections and Referendums Act 2000, which requires declarations to be provided as to the source of donations.
New clause 99—Offences relating to election expense returns: reduction in threshold—
“(1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.
(2) In section 39 (false statements: offence), in subsection (1), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(3) In section 44 (supplementary provisions about auditors), in subsection (4), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(4) In section 54A (declaration as to source of donation), in subsection (5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(5) In section 54B (declaration as to whether residence etc condition satisfied), in subsection (3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(6) In section 66 (declaration by treasurer in donation report), in subsection (5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(7) In section 71T (declaration by treasurer in transaction report), in subsection (5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(8) In section 73 (notional campaign expenditure), in subsection (8), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(9) In section 83 (declaration by treasurer as to return relating to campaign expenditure), in subsection (3)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(10) In section 86 (notional controlled expenditure), in subsection (8), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(11) In section 94F (authorised expenditure in excess of targeted expenditure limit), in subsection (6), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(12) In section 95C (related offences), in subsection (2), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(13) In section 99 (declaration by responsible person as to return as to controlled expenditure), in subsection (4)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(14) In section 99A (declaration by responsible person as to statement of accounts), in subsection (3)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(15) In section 112 (notional referendum expenses), in subsection (8), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(16) In section 123 (declaration of responsible person as to return relating to referendum expenditure), in subsection (4)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(17) In Schedule 7 (control of donations to individuals and members associations)—
(a) In paragraph 6A(5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”;
(b) In paragraph 6B(3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”;
(c) In paragraph 13(4), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(18) In Schedule 7A (control of loans etc to individuals and members associations, in paragraph 13(4), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(19) In Schedule 19A (reports of gifts received by unincorporated associations making political contributions), in paragraph 6(3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.
(20) In Schedule 19B (investigatory powers of Commission), in paragraph 13(3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
This new clause reduces the threshold for certain offences in the Political Parties, Elections and Referendums Act 2000 so that where false statements or declarations are made in relation to election expenses, an offence is committed if the person has reasonable grounds for knowing or suspecting that they are doing so.
New clause 100—Declaration as to source of donation: reduction in amount—
“In section 54A of the Political Parties, Elections and Referendums Act 2000 (declaration as to source of donation)—
(a) in subsection (1), for “£7,500” substitute “the specified amount”;
(b) in subsection (2)(B), for “£7,500” substitute “the specified amount”;
(c) after subsection (2), insert—
“(2A) In this section, the specified amount is—
(a) where subsection (2) applies and, to the best of the knowledge or belief of the individual giving the written declaration under subsection (1), the person other than P is not a permissible donor, £500;
(b) in all other circumstances, £7,500.””
This new clause would require any donation above £500 to be accompanied by a declaration as to its source (rather than the current minimum of £7,500) if the source is not a permissible donor.
New clause 101—Penalties for false declarations—
“(1) Schedule 20 to the Political Parties, Elections and Referendums Act 2000 (penalties) is amended as follows.
(2) In the entry for section 54A(5) (making a false declaration as to source of donation), in the second column, for “1 year” substitute “3 years”.
(3) In the entry for section 83(3)(a) (making a false declaration to Commission when delivering return), in the second column, for “1 year” substitute “3 years”.
(4) In the entry for section 123(4)(a) (making a false declaration to Commission when delivering return), in the second column, for “1 year” substitute “3 years”.”
This new clause raises the maximum penalties for submitting false declarations from 1 year’s imprisonment upon conviction on indictment to 3 years’ imprisonment upon conviction on indictment.
New clause 102—Annual report regarding foreign interference in political funding—
“(1) The Electoral Commission and the National Police Service (once established) must each produce and publish an annual report about—
(a) the risk of foreign interference in relation to controlled donations, and
(b) the adequacy of any systems designed to address risks of foreign interference in relation to controlled donations.
(2) The Electoral Commission and the National Police Service (once established) must send a copy of the report to the Secretary of State, and the Secretary of State must lay it before Parliament.
(3) In this section—
“controlled donation” means—
(a) a donation to a registered party, individual or members association that is subject to Part 4 of the Political Parties, Elections and Referendums Act 2000, and
(b) a donation to a candidate or their agent that is subject to Schedule 2A of the Representation of the People Act 1983;
“foreign interference” includes the commission of a relevant electoral offence to which section 16 of the National Security Act 2023 applies (foreign interference in elections).”
This new clause would require the Electoral Commission and the National Police Service (once established) to make annual reports about the risks of foreign interference in the UK’s political finance system and the adequacy of systems in place to address those risks.
New clause 103—Controls on accepting donations in form of cryptoassets—
“(1) The Political Parties, Elections and Referendums Act 2000 is amended in accordance with subsections (2) and (3).
(2) After section 54 (permissible donors to registered parties) insert—
“54A Controls on accepting donations in form of cryptoassets
(1) A donation received by a registered party by way of a transfer of cryptoassets to the party must not be accepted by the party unless the donation meets requirements specified in regulations made by the Commission.
(2) For the purposes of this section, section 52(2)(a) (minimum donation to be disregarded) does not apply.
(3) Regulations made by the Commission may include requirements relating to—
(a) the identity of the holder of the cryptoassets donated to the registered party;
(b) the nationality and country of residence of the holder of the cryptoassets donated to the registered party;
(c) the value of a donation that is to be disregarded for the purposes of this section;
(d) the maximum value of the cryptoassets that may be donated to a registered party;
(e) the original source of the funds that were transferred into the cryptoassets donated to the registered party;
(f) any other matter that the Commission considers appropriate for the purpose of improving the transparency of donations made by way of a transfer of cryptoassets.
(4) In this section, “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically.
(5) The Secretary of State may by regulations made by statutory instrument amend the definition of "cryptoasset" in subsection (4).
(6) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
(3) In Schedule 7 (controls on donations to individuals and members associations), after paragraph 6 insert—
“Controls on accepting donations in form of cryptoassets
6ZA (1) A controlled donation received by a regulated donee by way of a transfer of cryptoassets to the donee must not be accepted by the donee unless the donation meets requirements specified in regulations made by the Commission.
(2) For the purposes of this paragraph, paragraph 4(3)(b) (minimum donation to be disregarded) does not apply.
(3) Regulations made by the Commission may include requirements relating to—
(a) the identity of the holder of the cryptoassets donated to the regulated donee;
(b) the nationality and country of residence of the holder of the cryptoassets donated to the regulated donee;
(c) the value of a donation that is to be disregarded for the purposes of this paragraph;
(d) the maximum value of the cryptoassets that may be donated to a regulated donee;
(e) the original source of the funds that were transferred into the cryptoassets donated to the regulated donee;
(f) any other matter that the Commission considers appropriate for the purpose of improving the transparency of donations made by way of a transfer of cryptoassets.
(4) In this paragraph, “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically.
(5) The Secretary of State may by regulations made by statutory instrument amend the definition of "cryptoasset" in subsection (4).
(6) A statutory instrument containing regulations under sub-paragraph (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
(4) In the Representation of the People Act 1983 in Schedule 2A (controls on donations to candidates), after paragraph 6 insert—
“Controls on accepting donations in form of cryptoassets
6A (1) A relevant donation received by a candidate or his election agent by way of a transfer of cryptoassets must not be accepted unless the donation meets requirements specified in regulations made by the Commission.
(2) For the purposes of this paragraph, paragraph 4(2) (minimum donation to be disregarded) does not apply.
(3) Regulations made by the Commission may include requirements relating to—
(a) the identity of the holder of the cryptoassets donated to the candidate or agent;
(b) the nationality and country of residence of the holder of the cryptoassets donated to the candidate or agent;
(c) the value of a donation that is to be disregarded for the purposes of this paragraph;
(d) the maximum value of the cryptoassets that may be donated to a candidate or agent;
(e) the original source of the funds that were transferred into the cryptoassets donated to the candidate or agent (including information relating to any transactions between the original source of the funds and the transfer of those funds into the cryptoassets);
(f) any other matter that the Commission considers appropriate for the purpose of improving the transparency of donations made by way of a transfer of cryptoassets.
(4) In this section, “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically.
(5) The Secretary of State may by regulations made by statutory instrument amend the definition of "cryptoasset" in subsection (4).
(6) A statutory instrument containing regulations under sub-paragraph (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
(5) This section comes into force on the day on which this Act is passed (and section 80 is to be construed accordingly).”
This new clause introduces controls on donations made by way of transfers of cryptoassets to registered political parties, regulated individuals and associations linked to political parties, electoral candidates and their agents. The new clause prevents such donations from being accepted unless the donation or transfer complies with requirements set out in regulations made by the Electoral Commission. This will operate to prohibit such donations until such time as the Commission has made such regulations in order to control cryptoasset donations.
New clause 104—Electoral Commission: Education of young people about electoral information—
“(1) PPERA 2000 is amended as set out in subsection (2).
(2) After Section (13A) insert—
“13ZA Education of young people about electoral information and media literacy.
(1) The Commission shall promote awareness among people under the current age of registration to vote of—
(a) access to independent and impartial information relating to elections;
(b) media literacy, as set out in section 11(1) (duties to promote media literacy) of the Communications Act 2003; and;
(c) disinformation and misinformation relating to elections, including information generated using artificial intelligence.
(2) The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by carrying out programmes of education or information to promote awareness of any of the matters mentioned in subsection (1).””
This new clause would require the Electoral Commission to promote access to information relating to elections and media literacy to young people to support the recognition of partisan information and mis- and disinformation, including content generated by AI.
New clause 105—False statements as to candidates: deepfakes—
“In section 106 (false statements as to candidates) of the RPA 1983, after subsection (1) insert—
“(1A) For the purposes of subsection (1), making or publishing any electronic communication, including moving images and images incorporating text, that has been generated using artificial intelligence deepfake technology which includes an impersonation of a candidate that depicts the candidate saying or doing something that did not occur commits an offence unless the conditions in subsection (1B) are met.
(1B) The conditions in this subsection are—
(a) any reasonable person would recognise the content of the communication as, parody, caricature or artistic expression; or,
(b) the communication is clearly and prominently identified as fictional, altered or artificially generated.””
This new clause would mean that publishing or making AI generated deep fakes is included in the meaning of “making or publishing any false statement of fact in relation to the candidate” for the purpose of the offence of making a false statement as to a candidate.
New clause 106—Removal of right to vote from Commonwealth citizens—
“(1) RPA 1983 is amended as set out in subsections (2) to (4).
(2) In section 1 (parliamentary electors), in subsection (1)(c) for “Commonwealth” substitute “British”.
(3) In section 2 (local government electors) for subsection (1)(c) substitute—
“(c) is a British citizen or a citizen of the Republic of Ireland; and”
(4) In section 4 (entitlement to be registered as parliamentary or local government electors)
(a) in subsection (1)(c) for “Commonwealth” substitute “British”,
(b) for subsection (3)(c) substitute—
“is a British citizen or a citizen of the Republic of Ireland”,
(c) in subsection (6) omit the words from “Commonwealth” to “such leave”.”
This new clause would remove the right of Commonwealth citizens who are not British citizens to vote in parliamentary elections and in local government elections in England and Wales.
New clause 108—Limitations on postal voting—
“(1) The Elections Act 2022 is amended as set out in subsection (2).
(2) After section 2 (power to make regulations about registration, absent voting and other matters) insert—
“2A Postal voting entitlement restricted to serving members of the armed forces and those unable to vote in person
(1) Notwithstanding any other provision of this Act, no person is entitled to vote by post at a parliamentary or local government election unless the person is a serving member of the armed forces of the Crown or unable to vote in person.
(2) For the purposes of this section, a “serving member of the armed forces of the Crown” means a person who—
(a) is a member of the regular forces or the reserve forces (within the meaning given by section 59(1) of this Act), and
(b) is serving with the armed forces on the date of the poll.
(3) The Secretary of State may by regulations prescribe the form of declaration or evidence required to establish entitlement under this section.
(4) The Secretary of State must by regulations prescribe the categories of persons who are unable to vote in person.””
This new clause would limit postal voting to serving members of the armed forces and other persons who are unable to vote in person.
New clause 109—Protection against controlling and coercive in-person voting—
“(1) Section 62C of RPA 1983 (influencing voters at polling booths) is amended as set out in subsection (2).
(2) After subsection (5) insert—
“(6) The presiding officer or a representative of the presiding officer may require that persons, who appear to have arrived at the polling station together, or who are otherwise associating with each other, enter the polling station and cast their votes one at a time in order to ensure that there is no undue influence.
(7) The presiding officer or a representative of the presiding officer may speak to any voter to determine, in general terms, the voter’s ability to understand—
(a) the voting process; and
(b) the English or Welsh language.
(8) If the presiding officer or representative has concerns over the voter’s ability to understand either matter referred to in subsection (7), the presiding officer shall—
(a) place the ballot paper aside, mark it as belonging to the voter, and it shall not be counted; and
(b) inform the voter that the vote has been set aside and of the right of appeal under subsection (9).
(9) The person whose vote has been set aside under subsection (8) may appeal to the magistrates’ court (or, in Scotland, the sheriff court) for an order that the vote be counted, and such an appeal must be made no later than 48 hours after the close of the poll and the court shall list the matter within 48 hours.
(10) A person who does not comply with the requirement of a presiding officer or representative under subsection (6) is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months (or both).””
This new clause would allow presiding officers or their representatives to require voters to vote separately and to set aside votes from voters where there are concerns about their ability to understand the voting process or language.
New clause 110—Election expenses for parliamentary by-elections—
“(1) RPA 1983 is amended as set out in subsection (2).
(2) In section 90ZA (meaning of “election expenses”)—
(a) In subsection (4), after “expenses” insert “other than for a parliamentary by-election”
(b) After subsection (4), insert—
“(4A) For the purposes of this Part of this Act, election expenses in connection with a parliamentary by-election are incurred by or on behalf of a candidate at an election if they are incurred—
(a) by the candidate or his election agent,
(b) by any person authorised by the candidate or his election agent to incur expenses, or
(c) by a registered political party in the name of which the candidate has been nominated, for the purposes set out in subsection (4B)
(4B) The conditions in this subsection are that they relate to—
(a) a candidate;
(b) the constituency in which the election is taking place; or
(c) the by-election;
and are intended to influence electors in the constituency in which the election is taking place.””
This new clause would ensure that national party expenditure directed at promoting a candidate or campaign in a parliamentary by-election counts towards the candidate's spending limit, preventing national party campaign activity from circumventing constituency campaign spending limits.
New clause 111—Cap on donations of more than £5,000 a year from a single individual to parties and candidates—
“(1) After section 56 (acceptance or return of donations: general) of PPERA 2000 insert—
“56A Cap on donations
(1) A registered party must not accept a donation or gift from an individual registered in an electoral register if the value of donations and gifts from that person during the course of the year to any one recipient exceeds £5,000.
(2) Where a donation is received which would cause the limit for the purposes of subsection (1) to be exceeded is to be treated for the purposes of this Act as a donation received from a person who is not a permissible donor.
(3) In paragraph 6(1) of Schedule 2A to the Representation of the People Act 1983, after subparagraph (b) insert—
(a) the person by whom the donation would be made would have made a donation or donations to the candidate or his election agent over the course of the year which exceed £5,000 unless the donation is made by the candidate to themselves.””
This new clause will prevent donations in one calendar year from a single donor to a single candidate or individual party that exceed a total of £5,000.
New clause 112—Ban on donations from companies—
“(1) In section 54 (permissible donors) of PPERA 2000, omit subsection (2)(b).
(2) The Secretary of State must, by regulation, make further provision to prevent regulated donees from accepting donations from companies.
(3) Before making any regulations under this section, the Secretary of State must consult—
(a) registered political parties,
(b) the Electoral Commission, and
(c) any other persons who the Secretary of State thinks necessary.
(4) Any regulations made under this section must be made under the affirmative procedure.”
This new clause prevents companies from donating to political parties, and requires the Government to bring forward regulations to prevent companies from donating to other regulated donees.
New clause 118—Education about electoral and democratic systems in schools—
(1) Section 13 of PPERA 2000 (education about electoral and democratic systems) is amended as follows.
(2) After subsection (1) insert—
“(1B) The Commission shall carry out programmes of education to promote awareness of children aged 13 and over of current electoral systems in the United Kingdom and any pending such systems.
(1C) Programmes under subsection (1B) must include—
(a) information to enable them to register and vote as soon as they become eligible to do so;
(b) media literacy, as set out in section 11(1) (duties to promote media literacy) of the Communications Act 2003;
(c) political confidence and electoral participation among disadvantaged groups, including—
(i) girls and young women;
(ii) people from lower socio-economic backgrounds,
(iii) ethnic minority groups,
(iv) disabled people; and
(v) any other groups facing barriers to political and electoral participation identified by the Commission;
(d) such matters connected with any such existing or pending systems as the Commission may determine.
(1D) The Commission shall carry out programmes of teacher training and continuing professional development for the purposes of providing programmes under subsection (1B).”
(3) For subsection (2) substitute—
“(2) For the purposes of subsection (1)(a) and (1B), a system is “pending” when arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.””
This new clause would require the Electoral Commission to carry out education programmes for young people ahead of being eligible to vote, and training for educators on providing such information.
New clause 119—Election material only in languages native to the British Isles—
“(1) RPA 1983 is amended as set out in subsection (2).
(2) After section 110 (details to appear on election publications) insert—
“110ZA Election publications to be in languages native to the British Isles only
(1) A person shall not print or publish, or cause to be printed or published, any bill, placard, poster or printed document to which section 110(1) of this Act applies unless the material is in English, Welsh, a language native to the British Isles or accessible communication formats.
(2) A person who commits an offence under this section is liable on summary conviction—
(a) in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;
(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.
(3) In the case of a candidate or election agent, a contravention of subsection (1) is an illegal practice.
(4) For the purposes of subsection (1)—
“accessible communications format” means a format which enables a person with a disability to access the information concerned as feasibly and comfortably as a person who does not have that disability,
“language native to the British Isles” means a language specified by the Secretary of State in regulations.
(5) Regulations under subsection (4) are subject to the affirmative resolution procedure.”
(3) PPERA 2000 is amended as set out in subsection (4) below.
(4) After section 143 (details to appear on election material) insert—
“143ZA Election material to be in languages native to the British Isles only
(1) No election material shall be published unless the material is in English, Welsh, a language native to the British Isles or accessible communication formats.
(2) A person who contravenes subsection (1) commits an offence.
(3) A person who commits an offence under this section is liable on summary conviction—
(a) in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;
(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.
(4) In the case of a registered party or its officers, a contravention of subsection (1) is an illegal practice.
(5) In this section—
“election material” has the meaning given by section 143ZA(1) of this Act),
“accessible communications format” means a format which enables a person with a disability to access the information concerned as feasibly and comfortably as a person who does not have that disability,
“language native to the British Isles” means a language specified by the Secretary of State in regulations.
(6) Regulations under subsection (5) are subject to the affirmative resolution procedure.””
This new clause would require election material to be published only in English, Welsh, languages native to the British Isles or accessible communication formats such as Braille or BSL.
New clause 120—Donation cap on UK-based donors—
“(1) PPERA 2000 is amended as set out in subsection (2).
(2) After section 56 (acceptance of return of donations: general) insert—
“56A Cap on donations
(1) A registered party, recognised third party, regulated donee, or permitted participant must not accept a donation or gift from a person if the value of donations and gifts from that person, during the course of that calendar year exceeds the limit set out in subsection (5).
(2) Where a donation is received which would cause the limit for the purposes of subsection (1) to be exceeded, the amount by which the limit is exceeded is to be treated for the purposes of this Act as a donation received from a person who is not a permissible donor.
(3) Subsection (1) does not apply to donations between registered parties or where the source of funds for the donation are—
(a) public funds within the meaning of section 55(2);
(b) exempt trusts within the meaning of section 162(2);
(c) a trade union’s political funds, subject to the conditions set out in subsection (4);
(d) subscriptions paid by registered societies under the Co-operative and Community Benefit Societies Act 2014 to a registered party; or
(e) bequests.
(4) The conditions for the purposes of subsection (3)(c) are—
(a) that the total amount contributed by members of a union to its political fund during a calendar year is no less than the total donations made by that union during the same year; and
(b) that the trade union is taking all reasonable steps to comply with Chapter VI of the Trade Union and Labour Relations (Consolidation) Act 1992.
(5) The limit for the purposes of subsection (1) is—
(a) for the calendar year in which this Act is passed, £500,000;
(b) for the calendar year following the passage of this Act, £100,000; and
(c) for the second and each subsequent calendar year following the passage of this Act, an amount specified by regulations made under subsection (6).
(6) The Secretary of State must by regulations specify a limit for the purposes of subsection (5)(c) within two years of the passage of this Act.
(7) The Secretary of State may by regulations vary the limit for the purposes of subsection (5)(a) and (5)(b).
(8) Regulations under subsection (6) or (7) must provide a limit for the purposes of subsection (1) at an amount the Secretary of State considers appropriate which does not exceed £500,000.
(9) In considering the level of the limit for the purposes of subsection (8) the Secretary of State must commission and have regard to advice from the Electoral Commission.
(10) Regulations under subsection (6) and (7) may provide for—
(a) requirements to make declarations, reports, and to create and keep records and receipts;
(b) anti-evasion provisions, including the aggregation of donations made by individuals connected to unincorporated associations and legal entities also making donations; and
(c) the amendment, repeal or revocation of any enactment, including provisions within this Act and other electoral legislation, where the Secretary of State considers it necessary for the purposes of this section.
(11) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.””
This new clause would ensure an immediate donations cap of £500,000, decreasing to £100,000 in the second calendar year, and requiring the Secretary of State during this time to set an appropriate permanent donations cap by regulations.
New clause 121—Requirement for Electoral Commission recommendation to vary specified sums or percentages—
“(1) Section 155 of PPERA 2000 (Power to vary specified sums or percentages) is amended as follows.
(2) After subsection (1A) insert—
“(1B) The Secretary of State may make an order under subsection (1) only if the order gives effect to a recommendation made by the Electoral Commission.
(1C) The Electoral Commission must make a recommendation for the purposes of subsection (1B) at least once every five years.
(1D) In making a recommendation under subsection (1C), the Electoral Commission must have regard to—
(a) the fairness of elections,
(b) the effect on political parties, and
(c) public confidence in the integrity of elections.”
(3) Omit subsections (2) to (4).”
This new clause would require changes to specified sums or percentages specified in PPERA 2000 to be based on a recommendation of the Electoral Commission, which would be required to review those amounts at least once every five years.
New clause 122—Equality impact assessment prior to extending the franchise to younger voters in the UK—
“(1) Within six months of the passage of this Act, the Secretary of State must carry out an equality impact assessment of the proposed extension of the franchise in Northern Ireland compared with Great Britain.
(2) The Secretary of State must within nine months lay before both Houses of Parliament—
(a) the equality impact assessment required by subsection (1); and
(b) a report setting out the Government’s formal response to the equality impact assessment.
(3) The Secretary of State may not bring Part 1 of this Act into force until the report specified in subsection (2)(b) has been laid before both Houses of Parliament.”
This new clause is connected to Amendment 152 and facilitates a debate on the equality impact of the proposed General Election franchise change on young people in Northern Ireland compared with the rest of the UK.
Amendment 6, in clause 1, page 1, line 7, leave out “16” and insert
“the age at which a person may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003”.
This amendment would link the age at which a person is eligible to vote as an elector at a parliamentary election to the age at which an offence is not committed by selling them alcohol.
Amendment 49, in clause 1, page 1, line 7, leave out “16” and insert
“the age at which a person may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949”.
This amendment would link the age at which a person is eligible to vote as an elector at a parliamentary election to the age at which they may enter into a marriage.
Amendment 56, in clause 1, page 1, line 7, leave out “16” and insert
“full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969”.
This amendment would link the age at which a person is eligible to vote as an elector at a parliamentary election to the age at which they attain the age of majority, including for the purposes of obtaining a mortgage or owning property.
Amendment 7, in clause 1, page 1, line 9, leave out “16 years” and insert
“the age at which a person may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003”.
This amendment is consequential on Amendment 6.
Amendment 50, in clause 1, page 1, line 9, leave out “16 years” and insert
“the age at which a person may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949”.
This amendment is consequential on Amendment 49.
Amendment 57, in clause 1, page 1, line 9, leave out “16 years” and insert
“full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969”.
This amendment is consequential on Amendment 56.
Amendment 8, in clause 1, page 2, line 1, leave out subsections (a) and (b) and insert—
“(a) in paragraph 2 for “of 18 years”, in both places it occurs, substitute “at which a person may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003”;
(b) in paragraph (3) for “of 18 years” substitute “at which a person may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003””.
This amendment is consequential on Amendment 6.
Amendment 51, in clause 1, page 2, line 1, leave out subsections (a) and (b) and insert—
“(a) in paragraph 2 for “of 18 years”, in both places it occurs, substitute “at which a person may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949”
(b) in paragraph 3 for “of 18 years” substitute “at which a person may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949””.
This amendment is consequential on Amendment 49.
Amendment 58, in clause 1, page 2, line 1, leave out subsections (a) and (b) and insert—
“(a) in paragraph 2 for “the age of 18 years”, in both places it occurs, substitute “full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969”
(b) in paragraph (3) for “the age of 18 years” substitute “full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969””.
This amendment is consequential on Amendment 56.
Amendment 9, in clause 1, page 2, line 5, leave out subsections (a) and (b) and insert—
“(a) in subsection (1)(d), for “of eighteen” substitute “at which a person may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003”;
(b) in subsection (4), for “of eighteen years” substitute “at which a person may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003””.
This amendment is consequential on Amendment 6.
Amendment 52, in clause 1, page 2, line 5, leave out subsections (a) and (b) and insert—
“(a) in subsection (1)(d), for “of eighteen” substitute “at which a person may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949”
(b) in subsection (4), for “of eighteen years” substitute “at which a person may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949””.
This amendment is consequential on Amendment 49.
Amendment 59, in clause 1, page 2, line 5, leave out subsections (a) and (b) and insert—
“(a) in subsection (1)(d), for “eighteen” substitute “full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969”
(b) in subsection (4), for “of eighteen years” substitute “full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969””.
This amendment is consequential on Amendment 56.
Amendment 10, in clause 1, page 2, line 9, leave out “for ‘18’ substitute ‘16’” and insert
“for ‘of 18’ substitute ‘at which a person may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003’”.
This amendment is consequential on Amendment 6.
Amendment 53, in clause 1, page 2, line 9, leave out “for ‘18’ substitute ‘16’” and insert
“for ‘of 18’ substitute ‘at which a person may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949’”.
This amendment is consequential on Amendment 49.
Amendment 60, in clause 1, page 2, line 9, leave out “for ’18’ substitute ‘16’” and insert
“for ‘the age of 18’ substitute ‘full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969’”.
This amendment is consequential on Amendment 56.
Amendment 11, in clause 1, page 2, line 11, leave out from “for” to end and insert
“‘aged 18 or over, or the date of his or her 18th birthday is’ substitute ‘the age at which they may be sold alcohol under section 146(1) (sale of alcohol to children) of the Licensing Act 2003, or over, or shall reach that age’”.
This amendment is consequential on Amendment 6.
Amendment 54, in clause 1, page 2, line 11, leave out from “for” to end and insert
“‘aged 18 or over, or the date of his or her 18th birthday is’ substitute ‘the age at which they may enter into a marriage under section 2 (marriages of persons under eighteen) of the Marriage Act 1949, or over, or shall reach that age’”.
This amendment is consequential on Amendment 49.
Amendment 61, in clause 1, page 2, line 11, leave out from “for” to end and insert
“‘aged 18 or over, or the date of his or her 18th birthday is’ substitute ‘full age as set out in section 1 (reduction of age of majority from 21 to 18) of the Family Law Reform Act 1969, or over, or shall reach that age’”.
This amendment is consequential on Amendment 56.
Government amendments 138 and 139.
Amendment 29, in clause 17, page 23, line 23, at end insert—
“(1A) A registration officer must register a person who is not, for the purposes of section 4 (entitlement to be registered as parliamentary or local government elector) of this Act, resident at any address in the United Kingdom, in a relevant register maintained by the officer if—
(a) the officer is aware of the person’s name and date of birth,
(b) the officer is aware that the person is a homeless person,
(c) the officer is aware of a local connection as set out in section (7B) (notional residence: declarations of local connection) of this Act,
(d) the person is not registered in the register,
(e) the person appears to the officer to be of voting age and entitled to be registered in the register,
(f) the officer has given the person a notice in accordance with section 12B (1) in relation to the register,and
(g) either (or both) of the following applies—
(i) the response period specified in the notice (in accordance with section 12B(3)(d)) has ended;
(ii) during that period, the person confirmed to the officer that the person wishes to be registered in the register under this section.”
This amendment would create a duty on registration officers to automatically register people who are homeless and are otherwise eligible to be registered.
Government amendments 140 and 141.
Amendment 13, page 44, line 26, leave out clause 35.
Amendment 4, in clause 41, page 50, line 16, at end insert—
“(3A) After rule 6 insert—
“Enhanced disclosure and barring service check declaration
6AA (1) A person is not validly nominated unless the person makes a declaration that they assent to undertake an enhanced DBS check and obtain an enhanced DBS certificate if elected.
(2) The Secretary of State may make regulations which make necessary provision for the designation of an organisation from which the DBS check under paragraph 1 must be obtained.
(3) The Secretary of State must lay before Parliament draft regulations under paragraph 2 before the end of the period of 90 days beginning with the day on which the Representation of the People Act 2026 is passed.
(4) For the purposes of this rule, “enhanced DBS check” means an enhanced check with the Disclosure and Barring Service for the purposes of Part V of the Police Act 1997.””
This amendment would require candidates in a parliamentary election to agree to undertake and fund an enhanced DBS check if elected, to be obtained from an organisation to be designated by the Secretary of State.
Government amendment 63.
Amendment 2, page 60, line 1, leave out clause 47.
This amendment is linked to NC14.
Government amendments 64 to 68.
Amendment 31, in clause 58, page 69, line 6, at end insert—
“(da) the source and origin of the funds with which the donation was made,
(db) any connections that the person from whom the donation is received has to high-risk jurisdictions and politically exposed persons, and”.
This amendment will require a party to take into account the source of the funds with which the donation was made and any links the donor has to high-risk jurisdictions and politically exposed persons when carrying out a risk assessment under section 58.
Amendment 132, in clause 58, page 69, line 6, at end insert—
“(da) whether the donor, or a person connected with the donor, has at any time been convicted of an offence involving fraud, dishonesty, bribery, corruption or money laundering (whether in the United Kingdom or elsewhere),
(db) the extent to which the donation, or the funds used to make it, derive from or have passed through a person connected with the donor as mentioned in paragraph (da),”.
Amendment 33, in clause 58, page 69, line 8, leave out “the party” and insert “a reasonable person”.
This amendment would require a party to take into account any other risk factor that a “reasonable person” rather than “the party” considers to be relevant when carrying out a risk assessment under section 58.
Amendment 34, in clause 58, page 69, line 10, leave out from “regulations” to end of line 13 and insert
“only if the regulations would give effect to a recommendation of the Commission.”
This amendment would mean that the Secretary of State could only by regulation amend the risk factors that must be considered by parties when carrying out a risk assessment under section 58 if doing so gives effect to a recommendation of the Electoral Commission.
Amendment 133, in clause 58, page 69, line 13, at end insert—
“(2A) For the purposes of subsection (2)(da) and (db), a person is "connected with" the donor if—
(a) they are the donor's spouse, civil partner, parent, child or sibling;
(b) they are a person with significant control over the donor (within the meaning of section 54E or54F); or
(c) they have, directly or indirectly, provided or arranged any part of the funds used to make the donation.
(2B) A conviction is to be disregarded for the purposes of subsection (2)(da) if it is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless the sentence imposed exceeded four years.”
Amendment 32, in clause 58, page 69, line 31, at end insert—
“(f) the definition of “high-risk jurisdictions” for the purposes of subsection 54C(2).”
This amendment is consequential on Amendment 31 and would require the Electoral Commission to produce guidance on the definition of a “high-risk jurisdiction”.
Government amendments 142 and 69.
Amendment 14, in clause 60, page 73, line 6, leave out
“set out in subsections (2) to (6)”
and insert “follows”.
This amendment is consequential on Amendment 15.
Amendment 15, in clause 60, page 73, line 7, leave out subsections (2) to (7) and insert—
“(2) In section 54 (permissible donors) omit subsections (2)(b) and (2)(f)”.
This amendment would prohibit the acceptance of corporate donations by registered political parties.
Government amendment 70.
Amendment 134, in clause 60, page 73, line 32, at end insert—
“(c) the person has nominated a director or partner who is to be personally responsible for ensuring the donation is made in accordance with the requirements of this Part.”
This amendment provides that for donors from corporate bodies to be permissible they must nominate a director or partner who is responsible for compliance with the legal requirements relating to donations.
Amendment 135, in clause 60, page 74, line 2, at end insert—
“(2A) After section 54D (inserted by section 58 of this Act) insert—
“54ZE Criminal liability of nominated director or partner to follow requirements
(1) A director or partner nominated by virtue of section 54(3ZA)(c) commits an offence if without reasonable excuse they cause or permit a breach of any requirement imposed under this Part.
(2) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 3 years or to a fine not exceeding £500,000, or to both.””
This amendment provides that the director or partner who has been nominated to be responsible for ensuring compliance with the legal requirements relating to donations commits an offence is they cause or permit a breach of those requirements without reasonable excuse.
Government amendments 71 to 76.
Amendment 151, in clause 60, page 78, line 1, leave out subsections (2) and (3) and insert—
“(3A) The amount of the person’s remaining available profits at the time of the donation’s receipt by the party is calculated as follows—
Step 1 Add together the person’s profit for each financial year within the relevant period to give “the step 1 total”.
Step 2 Divide the step 1 total by the number of relevant financial years to give “the step 2 total”.
Step 3 Then deduct from the step 2 total the value of each relevant benefit (if any) that has already accrued to the party from the person in the calendar year in which the donation is received.
(3B) For the purposes of subsection (3A), the amount of the person’s remaining available profits shall not include any profits of any connected persons.
(3C) For the purposes of this section “connected persons” has the meaning given in section 1122 of the Corporation Tax Act 2010 (“connected” persons).”
This amendment would require the calculation of remaining available profits of a company or LLP to exclude any subsidiaries and be calculated on the average of the relevant financial years.
Government amendments 77 and 78.
Amendment 136, in clause 60, page 78, line 9, after “party” insert
“, any other party, regulated donee (within the meaning of Schedule 7) or candidate (see Schedule 2A to the Representation of the People Act 1983)”.
This amendment would ensure that the amount a company or limited liability partnership can donate to a party must take into account any donations it has already made to other parties, regulated donees (which includes members of parties, members associations and holders of elective offices) or electoral candidates.
Government amendments 79 to 81.
Amendment 137, in clause 60, page 78, line 23, after “party” insert
“, any other party, regulated donee (within the meaning of Schedule 7) or candidate (see Schedule 2A to the Representation of the People Act 1983)”.
This amendment would ensure that the amount a company or limited liability partnership can donate to a party must take into account any donations it has already made to other parties, regulated donees (which includes members of parties, members associations and holders of elective offices) or electoral candidates.
Government amendments 82 to 84, 28 and 86 to 99.
Amendment 1, in clause 73, page 94, line 26, after “candidates,” insert “candidates’ relatives, candidates’ staff,”.
Government amendments 143 to 145.
Amendment 30, in clause 82, page 102, line 11, leave from “appoint” to the end of line 39 and insert—
“(2) The Secretary of State must consult with the Parliamentary Parties Panel established under section 4 (parliamentary parties panel) of PPERA 2000 before commencing any provision in this Act.”
This amendment would prevent the Act from coming into force until the Secretary of State had consulted the Parliamentary Parties Panel.
Amendment 152, in clause 82, page 102, line 13, at end insert—
“(1A) Part 1 of this Act comes into force once the Secretary of State has laid a report before both Houses as required under section (Equality impact assessment prior to extending the franchise to younger voters in the UK).”
This amendment, together with NC122, would require the Secretary of State to produce a report in response to an equality assessment on extending the franchise to younger voters in the UK.
Amendment 5, in clause 82, page 102, line 29, at end insert—
“(ga) section 41(3A) (enhanced disclosure and barring service check declaration)”.
This amendment is consequential on Amendment 4.
Government amendments 100 and 146.
Amendment 3, in clause 82, page 102, line 31, at end insert—
“(ha) section [Overseas electors: Review of feasibility of proposals for facilitating overseas ballots]”.
This amendment is consequential on NC19.
Government new schedule 1—Donations in cryptoassets: transitional provision.
Government new schedule 2—Regulated transactions involving cryptoassets.
Government new schedule 5—Loans etc to registered parties by companies and LLPs.
Government new schedule 6—Meaning of “donation”.
Government new schedule 7—Cap on donations to registered parties by overseas contributors: application and transitional provision.
Government new schedule 8—Cap on loans etc to registered parties by overseas contributors.
Government amendments 147 to 150 and 101 to 122.
Amendment 35, in schedule 8, page 158, line 40, leave out “£11,180” and insert “£7,500”.
This amendment, together with Amendments 36 to 39, would require a risk assessment to take place for donations that exceed more than £7,500 to a recognised third party.
Amendment 36, page 159, line 6, leave out “£11,180” and insert “£7,500”.
See explanatory statement for Amendment 35.
Amendment 37, page 159, line 14, leave out “£11,180” and insert “£7,500”.
See explanatory statement for Amendment 35.
Amendment 38, page 159, line 17, leave out “£11,180” and insert “£7,500”.
See explanatory statement for Amendment 35.
Amendment 39, page 159, line 27, leave out “£11,180” and insert “£7,500”.
See explanatory statement for Amendment 35.
Amendment 40, page 164, line 36, leave out “£11,180” and insert “£2,230”.
This amendment, together with amendments 41 and 43, lowers the threshold at which donations to candidates at elections must undertake a risk assessment.
Amendment 41, page 164, line 39, leave out “£11,180” and insert “£2,230”.
See explanatory statement for Amendment 40.
Amendment 43, page 164, line 40, leave out “£11,180” and insert “£2,230”.
See explanatory statement for Amendment 40.
Amendment 44, page 167, line 10, leave out “£11,180” and insert “£500”.
This amendment together with Amendments 45 to 48, lowers the threshold at which donations to accredited campaigners in recall petitions must undertake a risk assessment.
Amendment 45, page 167, line 18, leave out “£11,180” and insert “£500”.
See explanatory statement for Amendment 44.
Amendment 46, page 167, line 27, leave out “£11,180” and insert “£500”.
See explanatory statement for Amendment 44.
Amendment 47, page 167, line 30, leave out “£11,180” and insert “£500”.
See explanatory statement for Amendment 44.
Amendment 48, page 167, line 41, leave out “£11,180” and insert “£500”.
See explanatory statement for Amendment 44.
Government amendments 123 to 131.
Amendment 12, title, line 1, leave out
“extending the right to vote to 16 and 17 year olds”
and insert
“linking the right to vote to the age at which a person may be sold alcohol in licenced premises”.
This amendment is consequential on Amendment 6.
Amendment 55, line 1, leave out
“extending the right to vote to 16 and 17 year olds”
and insert
“linking the right to vote to the age at which a person may enter into a marriage”.
This amendment is consequential on Amendment 49.
Amendment 62, line 1, leave out
“extending the right to vote to 16 and 17 year olds”
and insert
“linking the right to vote to the age of majority”.
This amendment is consequential on Amendment 56.
The Representation of the People Bill is central to our plan for fixing politics. Every one of us in this House has a responsibility to show the value of participating in our elections, but the reality is that too many people have lost faith in politics, and we must address the reasons for that. At the heart of this must come measures to reassure the public that the elections they are voting in are fair and free from foreign interference. We must stand against the unprecedented tide of abuse faced by those who put themselves forward to represent their communities.
The Bill will secure our elections against those who threaten them, protect those who participate, ensure that our democracy remains open and accessible to legitimate voters, and strengthen, preserve and modernise our elections for the next generation. It delivers our 2025 strategy for modern and secure elections. It takes forward the recommendations of the Rycroft review and meets our manifesto commitments. It sets the foundations for elections that are fairer and a democracy that is stronger.
Before I speak to the Government amendments tabled in the name of my right hon. Friend Secretary of State for Housing, Communities and Local Government, I thank those who participated in the passage of the Bill. I pay particular tribute to my predecessor, my hon. Friend the Member for Chester North and Neston (Samantha Dixon), for her tireless work in getting the Bill to this stage.
Cryptoassets have come up in our debates. Cryptoasset transactions create a new and clear route for untraceable money to enter our politics. These Government amendments therefore propose a ban on political donations made in cryptoassets, in line with the recommendations in the Rycroft review. The ban applies to donations of all values. The specific risk associated with foreign interference and crypto donations is not the same as the risk associated with donations made by bank transfers.
The ban will apply retrospectively. Any donations made in cryptoassets from 25 March 2026 must be returned within 30 days following the commencement of these provisions. This is to prevent malign actors taking advantage of the advance notice of the ban. If recipients fail to comply, they risk enforcement action and, potentially, criminal liability. The Government intend to end the ban once the Electoral Commission and Parliament are satisfied that the regulatory environment around cryptoassets is robust enough to protect the integrity of our political finance from foreign interference. Ending the ban will therefore require further legislation.
We are also amending the definition of “donation” to include arrangements in which a property is used to pay for the expenses of a recipient.
Liam Byrne (Birmingham Hodge Hill and Solihull North) (Lab)
I am grateful to my hon. Friend for giving way, and I offer my warmest congratulations to her on her appointment to the role; she will be a brilliant Minister. She will know that many in this House welcome the update to the legislation proposed by Ministers to ban cryptoassets, but she will also know that the measures that have been proposed by His Majesty’s Government do not go far enough. In particular, they still permit money to be routed through crypto exchanges, turned into fiat and then donated on. Secondly, they still permit donations through things like memecoins. Will she look at the measures in new clause 34, which is supported by 51 Members of this House, so that over the passage of this Bill through this House and the other place, we can ensure that it is as tight and as tough as possible?
I thank my right hon. Friend for making that important and valuable contribution. It is right that a number of amendments are seeking to limit donations originating from cryptoassets. We agree that the anonymity of crypto transactions creates a worrying route for illicit actors to channel money into our politics. This is an area that the Government are definitely keen to continue to review, ensuring that we end any unintended loopholes that may still arise.
The Minister refers to crypto’s anonymity of source. Does she not agree that it is difficult to know what the attraction of crypto is, other than the fact it allows someone to hide where the money comes from? Why not just be straightforward and simply ban its use? Not a temporary ban or a moratorium—just ban it. Why cannot people simply give old-fashioned cash to support political parties?
I thank my right hon. Friend the Chair of the Foreign Affairs Committee—I know that the Committee has looked at this. The ban will apply retrospectively, ensuring that any donations made after 25 March 2026 will be returned. As I mentioned earlier, we will continue to review the ban on cryptocurrency because this issue has cross-party support. We need to ensure that the money coming into our politics is clean and traceable.
I welcome the Minister to her position. I know that many people, not only on the Government side, but on the Opposition side of the House, will be delighted that she has been made a Minister. Can I just challenge her a bit further, or ask for her guidance, on the moratorium point? The Government intend for the Electoral Commission to have strengthened powers to try to tackle the regulatory regime that will be created by the moratorium, but does the Minister not share my concern that if those responsibilities are not enshrined and given to the Electoral Commission in the correct way, this issue will not be as solved as we would want it to be?
I thank the hon. Member. It is a shame that we will not get to spar on this now that he has left the shadow Front Bench. This is a really big issue, and the Electoral Commission needs to be given the space to develop the right regulatory framework. As I mentioned earlier, any new additions or changes will require primary legislation, which we will bring back. I am mindful of time, so I will make more progress.
I turn now to the Government amendments that will impose an annualised limit on the amount that overseas electors can donate or otherwise contribute to the UK finance system. That will apply to individuals who have been resident outside the UK at any time in the current or previous calendar year, whether or not they are registered as an overseas elector during that time.
The Rycroft review noted two major concerns regarding donations from UK citizens resident overseas. First, it noted that investigating and tracing the origins of the funds used for such donations is more complex than for domestic donations. The review’s second concern was democratic fairness. We have to ask ourselves why should a wealthy individual who has minimised their contribution to the UK Treasury be able to make unlimited donations into our political system. The review proposed an annual cap of between £100,000 and £300,000 on the amount that an overseas elector can contribute into UK political finance. The provisions of the amendments seek to cap this at the lowest recommended threshold of £100,000 per annum.
I want to make some more progress.
To ensure the efficacy of this cap, we are introducing a minimum residency period. That will mean that an individual moving or returning to the UK will be subject to the £100,000 cap for the remainder of the calendar year, plus another full calendar year. Measures relating to overseas electors and those who have been registered as overseas electors will be retrospective to the date that they were announced on 25 March 2026. Again, that will prevent bad actors from funnelling money into our elections in advance of the change in the law. We are also applying the cap and a minimum residency period to individuals who move to the UK after 6 July and were not previously overseas electors. The £100,000 annual cap will apply per recipient on donations and regulated transactions made from 6 July until commencement, after which they will be treated in the same way as former registered overseas electors. Further amendments relating to the declarations required for this will follow in the Lords.
Just to develop the Chair of the Foreign Affairs Committee’s theme, the Minister is taking some steps to control foreign contributions and donations to politics, but why not just ban them? She touched herself on the malign influence of people who would seek to offshore their tax liabilities—not contributing to the business of Government—and then, from some offshore location, direct that Government in how to spend that money, which they will not be subject to the consequences of, and neither will they have to contribute. It is totally unjust. Why is it not banned?
I thank the hon. Gentleman and refer him to my previous statement on this area.
I need to make progress. I have a number of areas and amendments to cover, and many Members want to comment in the debate.
Overseas electors and those who fall under the minimum residency period will be required to provide a declaration of any necessary information to the recipient to enable them to check whether the donation is permissible. This declaration must be provided before the donation can be accepted. The cap will apply UK-wide and will operate consistently across the political finance regime across UK elections.
I thank my hon. Friend and constituency neighbour for raising that important example of where loopholes might exist in this technical area. We will continue to work with the Electoral Commission on that issue as we continue to develop the Bill.
I want to make some progress.
Government new clause 78 strengthens information-sharing provisions already in the Bill by establishing a reciprocal statutory gateway between the Electoral Commission and relevant public authorities. We have carefully considered recommendation 9 of the review, and we agree that if we are to expect the commission to regulate political finance effectively and respond to the emerging risk, it must be able to receive relevant information from the bodies it works alongside. The new clause enables the commission and relevant public authorities to share information with one another, where doing so assists the performance of their respective functions. The Government also recognise that information sharing must be accompanied by robust safeguards. That is why the gateway is tightly defined. It does not override express statutory prohibitions on disclosure and includes additional protections for sensitive personal information received from revenue authorities, backed by potential criminal sanctions for an unauthorised onward disclosure.
Government amendments 125 to 131 respond to recommendation 10 of the Rycroft review. They give the Electoral Commission greater powers to require the disclosure of documents, information, and the giving of an explanation outside an investigation. They also make minor amendments to ensure that former accredited recall campaigners can be investigated when they cease participation in the recall petition process. Currently, outside an investigation the Electoral Commission can only issue a notice to specific regulated entities requiring disclosure. To issue a notice requiring disclosure from anyone else, there must have been reasonable grounds to suspect that an offence had been committed. That places the commission in an impossible situation: the only way it can get such information is to take the serious step of opening a formal investigation. However, without such information it is unable to establish the reasonable grounds for suspicion that it needs to open an investigation in the first place. The amendments extend the commission’s powers outside a formal investigation, so that it is able to require the disclosure of information relating to the income or expenditure of regulated entities from any person or organisation.
I must make progress.
Government new clause 114 implements recommendation 7 of the Rycroft review by giving the Electoral Commission clear powers to require campaign spending returns to be submitted in a standardised format across the political finance regime. That will make spending returns more consistent and easier to scrutinise, supporting greater transparency and more effective oversight.
The amendments relating to “know your donor” measures make a series of technical and clarification changes to the aggregation powers in the “know your donor” regime. The “know your donor” provisions require recipients, in certain circumstances, to undertake a risk assessment where relevant, or where controlled benefits reach the specified threshold. In determining whether that threshold has been met, the Bill contains provisions that require benefits to be considered together. These technical amendments clarify the operation of aggregation rules, how the rules apply to the connected transactions, and when regulated transactions are entered into, in correcting a drafting error relating to regulated participants. The amendments also remove the requirements of the weekly donation report under section 63 of the Political Parties, Elections and Referendums Act 2000 to include a declaration about carrying out a “know your donor” risk assessment in relation to donations accepted during the reporting period.
Government amendments 138, 139, 143 and 144 are minor and technical amendments that remove powers granted inadvertently in respect of a reserved matter to Ministers of devolved Governments in Scotland and Wales. The Government have been in constant contact with the devolved Governments throughout the development of the Bill, as well as ensuring they are in touch on specific points. Government new clause 113 closes a gap in current legislation whereby if an overseas elector ceases to be British, they could potentially remain on the electoral register, thus remaining eligible for up to three years. The new clause allows such individuals to be removed from the electoral register as soon as they cease to satisfy eligibility criteria, which essentially allowed them to register as overseas electors.
Finally, Government amendments 140, 141 and 147 to 150 extend the maximum duration for postal and proxy postal voting arrangements from three to five years. They also extend the maximum duration for the anonymous election registration to five years to better align with that, and to create a clearly defined reapplication window for postal and proxy postal applications. Together the amendments will make the lives of voters and administrators a lot easier—I speak from experience when returning my postal vote—particularly benefiting vulnerable electors, while maintaining the vital security arrangements that are needed to ensure the integrity of our democratic system.
As my predecessor, my hon. Friend the Member for Chester North and Neston said on Second Reading:
“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.” —[Official Report, 2 March 2026; Vol. 781, c. 693.]
The Bill delivers a modern, secure and inclusive electoral system that the public rightly deserve, bearing down on those who seek to harm or undermine our elections, protecting those who participate, and opening up our democracy to a generation of new and able voters. This is how we safeguard trust and ensure that every eligible citizen can take part freely and with the safety and confidence that they deserve. I commend the Bill to the House.
Katie Lam (Weald of Kent) (Con)
I begin by paying tribute to my predecessor, my right hon. Friend the Member for Braintree (Sir James Cleverly), for his work in this role. He has left big shoes to fill, and I look forward to following in his footsteps as best I can. I would also like to register my thanks to my hon. Friends the Members for Orpington (Gareth Bacon), for Broxbourne (Lewis Cocking), and for Ruislip, Northwood and Pinner (David Simmonds), alongside whom I am so fortunate to be working, including on this Bill, and to my hon. Friend the Member for Hamble Valley (Paul Holmes), who has been incredibly helpful in handing over, and who has worked so hard on this Bill.
In the same vein, I thank the hon. Member for Chester North and Neston (Samantha Dixon) for her work on the Bill, and I pass on the thanks of my hon. Friends, too. I welcome the Minister for Homelessness, Democracy, Communities and Faith to her place, and I congratulate her. I know she is much liked and well regarded across the House, having chaired the Housing, Communities and Local Government Committee for the past few years. I look forward to working opposite her and her departmental colleagues.
Jim Allister
I think the hon. Gentleman should reflect on what he has effectively just said: that it is right for this House to disenfranchise my constituents, to take from them to right to vote for those who make the laws in 300 areas. Those 300 areas are what shape our economy in Northern Ireland: how we manufacture our goods, how we package them, how we sell them. All that has been removed from the reach of any single constituent in Northern Ireland to elect anyone to have any say over that.
That is disenfranchising and that is the fundamental objection, from a democratic point of view, to the Windsor framework. I therefore say to this House that yes, we can argue about whether 16-year-olds should have a vote. What I say is that if 16-year-olds are due to have a vote in Great Britain, 16-year-olds in Northern Ireland should have an equal reach on their franchise. It should enable them to elect those who make the laws, and not be subcontracted out to those we do not elect. That is why those two new clauses are there.
That is a probing, fundamental issue that touches upon our commitment to equal citizenship and to the fundamentals of our democracy, which is everyone’s right to participate on an equal footing in our democracy, electing those who make our laws. It is incontestable—it is wrong—to say to my constituents and every other constituent in Northern Ireland, “It is good for us in Great Britain to have those rights, but it is not good for you.” That is fundamentally wrong.
I make a final point on a different subject. I tried to intervene on the Minister but she would not take the intervention. On the £100,000 cap, will she confirm, in winding up, that Sinn Féin, for example, which is a party registered in Northern Ireland, will be exempt from the effect of that cap if an Irish citizen living abroad makes a donation in excess of it? Is that the position? If it is, and it is my reading of the Bill that it is, why has that loophole not been closed? Why should I or anyone else have to compete with a party that is not subject to the same constraints as the rest of us? Perhaps the Minister will address that, because it seems to be a loophole crying out to be closed.
As so many have said in this debate, our democracy must not be for sale, so it is disturbing that the campaign spending arms race is becoming out of control. As has been mentioned, in 2023 the previous cap on campaign spending of £19 million was increased massively to £34 million. None of our constituents was asked whether they wanted that, and the Electoral Commission said at the time that it had not seen evidence to justify the increase.
We all know what can happen when campaign spending spirals out of control. A number of Members have referred to the situation in the US, where opaque crypto interests spent $189 million just between January and the end of June this year. That is with four months to go before the mid-term elections. We have also seen huge donations from crypto interests in our own country, but they were given in pounds.
New clause 70 would set a limit on campaign spending of £24.4 million. That is what the previous limit of £19 million would be now, allowing for inflation, minus 15%, per the recommendation of the Committee on Standards in Public Life. I understand that the Government are keen to avoid additional legislation at this stage, given the time pressure for ensuring that votes at 16 are delivered. I also acknowledge the letter from the Secretary of State for Housing, Communities and Local Government and the First Secretary of State, which was published last night, urging the Electoral Commission to examine the matter. That letter makes it explicit that
“spending limits on parties and candidates are too high, and ought to be reduced”.
It asks the commission to provide recommendations to the Government by July 2027 at the latest.
I am pleased that the Government have heard the call from Members right across the House from the many different parties represented here who have supported my new clause. I am really grateful to the Members who supported it. As the Government have made that request to the Electoral Commission clear, I will not push for a vote on my new clause, but I really want to see progress. The Electoral Commission now has to work speedily on a lowered limit for campaign spend, to stop this arms race. That message has come clearly from this House, and the commission needs to act on it now.
In my remaining remarks, I want to urge the Government to move at pace on the further risks to UK democracy to which so many speakers have referred, many of which are covered by the amendments tabled by my hon. Friends the Members for Nuneaton (Jodie Gosling) and for Milton Keynes Central (Emily Darlington). As others have said, we must ensure greater transparency on targeted online political advertising, including that facilitated through artificial intelligence, and on additional measures on third-party campaigning and political funding.
The stakes really could not be higher, as so many have said. The UK Extremism and Democratic Resilience Centre has recently shown that online platforms and AI-generated content are playing a powerful role in amplifying not just divisive narratives, but extremist narratives and conspiracy theories. This has led to a disturbing increase in the size of the still small, but now much more consequential, minority that accepts political violence. Over one in 10 people in our country now say that they could accept political violence. There has also been an increase in those who reject at least some democratic norms, with almost a third of people saying that we should ignore democratic institutions and rules if they get in the way of change. In the centre’s words,
“hostile states and domestic extremists are deliberately accelerating these fractures to further destabilise Britain”.
The Bill and the Government’s amendments will help, but they do not yet meet the full scale of this challenge. The Government have to engage in the kind of protection and promotion of democracy that they successfully urge many other nations to do when under the threat of foreign interference. Extremist narratives have to be contested and online platforms regulated and reformed, so while welcoming the Bill overall, I will continue to push for change so that we can really ensure that we have what is the right of every citizen in our country: free and fair elections.
Listening to the debate, I think part of the problem is that the Bill is being brought forward in an enormous transitional period. Some of its original objectives might be being met within the legislation that we are proposing, but the debate has moved on since then. We also have to admit that the debate has moved on within the Labour party because the change of leadership. So in some instances, we might not be talking to this Bill; we might be debating what we want to see in the next Bill, which needs to be brought forward with some urgency, particularly because the general tenor of the debate is a recognition that we are in a dangerous political moment in our country and that we must address the threats that are creating that moment.
I can understand the Government not being willing to accept several of today’s amendments, and there might not be time enough when the Bill goes to the other place to ensure that those amendments are shaped in such a way that they can be legislated for quickly. However, I would urge a rethink about the next Bill, which should certainly be brought forward before the end of the year to take into account this whole range of measures, particularly those that have been excluded from the debate overall because of the title of the Bill, which is, to be frank, a bit shaming for the House’s political debate.
I have tabled two very straightforward new clauses. I thought they were in the tenor of the original Bill, and I was surprised when they were not included. In fact, the current Lord Chancellor moved similar amendments in 2022. They relate to the Bill’s aims to bring England and Northern Ireland into line with the reforms taking place in Scotland around the age limit of 16. Also, I thought that we were going to ensure that the franchise was the same.
As people know, Scotland and Wales lowered the voting age, but they also extended the franchise to all residents. At the moment, because we base voting on citizenship, 4.4 million residents cannot vote in a general election in our country, and 1.2 million in England and Northern Ireland cannot vote in any election. That means that 16,300 people in my constituency have no vote whatsoever—people who live here and work here. Most pay their taxes, and fund our public services, but they are locked out of the democratic system.
My new clauses argue that, as in Scotland and Wales, voting should be based on residence rather than citizenship. Some may argue that there should be some investment of time, and other countries designate a timescale for residency. In New Zealand, for example, 12 months’ residency allows someone to vote. New clause 36 deals with local elections, and would permit those who have permission to enter or stay in the UK to vote in elections.
New clause 35 would extend that to general elections for those with settled status—that is an accepted term in many of our pieces of legislation—and indefinite leave to remain. It is an amendment that we have supported in the past. It would mean a simpler system of registration, and it would increase voter participation. Above all else, it would bring about a greater sense of social cohesion: people who live in our society yet have no say in our society would be brought into the political system.
We have had the debate about different languages and all the rest—to be honest, I wish we had never got rid of the Latin mass, but that is another thing, and might offend the other side on that issue—but all my new clauses try to do is recognise the reality of our society. The reality is that our society is a diverse community. This legislation could recognise that diversity, and ensure that everyone has a stake in our society and a democratic right to vote.
Sean Woodcock (Banbury) (Lab)
Public faith in our democratic system has been steadily eroded. My hon. Friend the Member for Walthamstow (Ms Creasy) and my right hon. Friend the Member for Oxford East (Anneliese Dodds) provided some statistics on public opinion, and I will provide a few more. More than half of the public believe that politicians almost always lie, while only one in eight believe that we put the national interest above party advantage. That level of disillusionment did not emerge overnight. Broken promises, diminished opportunity and a growing distance from decision makers have left many people feeling unheard. Money and politics have deepened that divide and fuelled the perception that access to power is available to those who can afford it, creating a suspicion that influence can be bought rather than earned.
This is no longer simply a question of public confidence; it is a question of democratic resilience. Hostile states and malign actors seek to weaken institutions and corrode trust. Disinformation poisons debate, blurs the line between fact and fiction, and encourages citizens to doubt what they see and hear. Every loophole in our political finance system is a potential point of entry for those who wish our democracy harm. Questions are also raised when voters see Members earning substantial sums from outside interests: public duty traded for private gain. Taken together, these issues foster a growing belief that politics is something done to people rather than with or for them. That belief has consequences. Where trust weakens, democracy weakens; where democracy weakens, those who seek to exploit division find opportunity.
I welcome the measures in the Bill that seek to address much of the public concern around many of these issues, but rebuilding democratic legitimacy requires more than just tightening a few rules. It requires us to ask deep questions about whether our institutions still deliver the representation and accountability that people expect, and whether, if so many no longer trust the system, the system itself needs to change. For that reason, I hope that the Government will reconsider and commit to establishing a commission on electoral reform, not to pursue a predetermined outcome but to ask whether our political system is working as well as it should, whether it remains capable of rebuilding public confidence and whether it is worthy of the trust that is placed in it. The cure for public disillusionment is not less democracy; it is better democracy. The answer to distrust is not disengagement; it is accountability. The answer to frustration is not to retreat; it is to reform. That is not optional; it is necessary and urgent, and I urge the Minister to take that into consideration.
I thank all Members who have contributed to today’s debate for their constructive and informed contributions. Madam Deputy Speaker, I do not want to face a telling-off from you, so given the timings, I will not reference each amendment but instead talk broadly about the main themes of the debate. I assure Members, who have asked a number of detailed and serious questions, that I have taken note of many of the questions; I commit to writing to them individually if I do not cover those areas in my closing speech.
All of us need to work to protect the integrity of all elections, not just the next general election. Every election should matter. Local elections, regional elections, mayoral elections—every election should have the same weight when it comes to ensuring that it is free from any foreign interference. That is how we strengthen our democracy.
A number of hon. Members have tabled amendments on candidate safety, including my hon. Friend the Member for Poplar and Limehouse (Apsana Begum). My hon. Friend the Member for Bethnal Green and Stepney (Rushanara Ali) spoke about her lived experience. Threats to candidates, campaigners and elected officials are totally unacceptable. Those who are convicted of relevant offences motivated by hostility against a candidate, campaigner or elective office holder can already be banned from standing for or holding elective office for five years. The Bill will introduce a new aggravating factor for those same offences, and extend the regime to include relevant offences motivated by hostility against electoral staff.
New clauses 58 and 59, tabled by my hon. Friend the Member for Poplar and Limehouse, would add offences amounting to domestic abuse to schedule 9 to the Elections Act 2022 for the purpose of the disqualification order, and require courts to make a disqualifying order alongside court orders relating to abuse or harassment when the relevant behaviour was aggravated by hostility towards someone’s status as a candidate, campaigner or office holder. This Government take domestic abuse extremely seriously and recognise the devastating impact it can have on victims. I know the extremely difficult personal circumstances faced by my hon. Friend and thank her for her bravery and continued efforts to raise this important issue. I can give the commitment that we will review these laws and ensure that the necessary protections are in place, as my hon. Friend describes. With regard to domestic abuse convictions, the list of offences in schedule 9 can be updated via secondary legislation.
On candidate requirements, the Government recognise that trust in our elected representatives is vital to the effective functioning of our democracy. It is precisely for that reason that the Bill includes a number of measures to strengthen the nomination process for candidates.
New clause 91, tabled by my hon. Friend the Member for Warrington North (Charlotte Nichols), aims to require candidates who have been convicted and sentenced under the Sexual Offences Act 2003 to declare whether they are required to comply with the sexual offences notification regime. This is a complex and sensitive matter, and we must ensure that any proposals that might restrict or deter individuals from taking part in our democratic system are carefully considered.
Emily Darlington
My hon. Friend is making fantastic progress on protecting our democracy. On criminal convictions, as she will know, I have taken over amendment 4 from my hon. Friend the Member for Bassetlaw (Jo White). It is about listing on registers of interests, once a candidate is elected as an MP or councillor, that they have undergone a Disclosure and Barring Service check. That would provide schools, care homes and women’s shelters with the clarity that they can feel safe with that person. Will the Minister consider that, as part of ensuring transparency, so that people can understand who it is, and is not, appropriate to invite to particular venues?
I thank my hon. Friend for making that important contribution. It is right that we look at the range of different requirements placed on candidates. My understanding is that some people, such as local councillors, are required to have DBS checks, but again, as many hon. Members have noted, there is no such requirement for us as parliamentarians; that is something that we need to test and look at further. I can continue to work with her and other interested Members on looking at this area.
New clause 48 concerns accessibility for voters and seeks to mandate the provision of audio and tactile devices in polling stations. The Government are firmly committed to supporting democratic participation for all eligible voters. I recognise the important work that hon. and right hon. Members from across the House have undertaken to champion accessibility and ensure that disabled people can participate fully in our democracy.
I know the Minister has long supported changing the system of election to the House of Commons. The Prime Minister has also committed to it. Will the Minister confirm that the Government are actively considering changing the system from first past the post?
I will come on to my hon. Friend’s remarks later in my speech. To come back to accessibility, we agree with the principle outlined by my hon. Friend the Member for Carlisle (Ms Minns) in her amendment, which is supported by my hon. Friend the Member for Battersea (Marsha De Cordova), who has lived experience of this, and many other Members. We will continue to work with my hon. Friend the Member for Carlisle and other interested Members from both Houses on a suitable amendment that can be tabled in the Lords.
A number of Members from right across the House have mentioned electoral reform. In the spirit of transparency, I should say that a number of Members know my position on electoral reform. The Government’s priority is a politics that works for all people in all places, not some people in some places. The Prime Minister remains committed to electoral reform as a way of supporting that objective. However, this is a complex constitutional matter, and it is premature to legislate now for one approach. I would be happy to meet Members from across the House to hear their views, look at how we can work on strong proposals, and discuss next steps.
On new clause 53, tabled by my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell), the Government recognise the importance of ensuring that the rules on third-party campaigning are clear, proportionate and workable in practice. On new clauses relating to spending limits, we are of the opinion that an independent assessment is needed of the adequacy of current spending limits in electoral law. We agree that the Electoral Commission is best placed to provide that assessment. That is why the Secretary of State and the First Secretary of State wrote to the Electoral Commission on 29 August, asking it to expand its review of spending limits to include candidate limits. That builds on the Government’s current ask of the commission to provide recommendations by July 2027, and will ensure that the electoral spending framework is scrutinised and fit for purpose for the modern campaigning world.
Lisa Smart
It is welcome that the Government have asked the Electoral Commission to look at spending limits. I love a task-and-finish group almost as much as I love a taskforce or a sub-committee, but will the Minister put a little more meat on the bones, and say what she is doing on donation caps, specifically on timing, and on whether things will be in place ahead of the next general election? I would not want a Member to press for a separate Division on an amendment because there was not enough meat on the bone.
I thank the Lib Dem spokesperson. I cannot stand here and unilaterally write the terms of reference for the taskforce, but I would be happy to discuss with her at a later stage what the taskforce would entail. She also spoke about voter registration provisions. We will move towards more automated voter registration, but that takes time. We hope to use existing powers or non-legislative approaches as part of that.
The Government fully recognise the challenges posed by AI-generated content, including deepfakes. Although there is not yet a reliable or widely adopted technical basis for determining AI-generated content, we will continue to explore solutions and are taking the first steps forward. Several amendments relate to social media and elections. The Government agree that we must protect the integrity of our elections from malign influence, and greater transparency is part of that. We believe that the way to achieve that is through a new targeted transparency regime. That is why we are strengthening the imprint framework through the Bill. We have taken steps to tackle a range of threats from foreign states that are actively seeking to disrupt our political system. We are alive to the issues that Members have raised in this debate through their amendments, such as those on deepfakes and online harassment, and the Government are continuing to assess the best way to mitigate those concerns.
Peter Swallow (Bracknell) (Lab)
I chair the all-party group on schools, learning and assessment, and we conducted an inquiry on votes at 16. We were speaking directly to young people, and they are delighted that the Bill will empower them with the vote. However, they are equally concerned about misinformation and disinformation, and having the tools that they need to engage in the democratic process. Does the Minister agree that that is a key issue, and that if we are to empower young people with the vote, we must also empower them with the tools that they need to use that vote in an informed and engaged way?
I thank my hon. Friend for that important contribution. The Housing, Communities and Local Government Committee, which I chaired formerly, will continue to consider such issues, and many hon. Members will continue to feed into our proposals as we develop them.
In conclusion, I wish briefly to reflect on the purpose of the Bill. Many Members will recall the toll that the last general election took on those who stood for election. The Electoral Commission’s research told us that more than half of candidates faced harassment or intimidation in the course of campaigning.
The Speaker’s Conference heard worse: families targeted, tyres slashed and campaigners driven away from the streets where they were trying to represent candidates. Women and candidates from minority ethnic backgrounds bore this disproportionately. I know from conversations I have had with Members from across the House, including with those who sometimes do not want to discuss the issue because doing so can invite further abuse, that this was not confined to the doorsteps—it reached people’s homes and their families. This is not robust political debate—it is organised intimidation and it strikes at the willingness of good people to stand for office, or even not stand.
A democracy that cannot protect those who offer themselves for its service is not in any sense one that is secure. This Bill will not fix that on its own—no legislation could—but it takes this House further than before, extending disqualification for hostility motivated offences to cover election staff as well as candidates, adding a new aggravating factor for such offences, and working with the Electoral Commission on a code of conduct and improved safety guidance for returning officers and candidates alike. The Bill will sit alongside a wider purpose: trust in our elections is not owed to us as parliamentarians, but earned through the integrity of the system we ask people to trust.
The Bill secures a system against foreign and elicit money, closing routes that hostile actors have sought to exploit through crypto-currency, opaque company structures and unlimited overseas donations. It protects the people who make our elections happen—candidates, campaigners and electoral staff alike. It keeps our democracy open to legitimate voters, including for the first time those aged 16 and 17, a change that I have long campaigned for and I am glad to bring to the House as the Minister now responsible for it. It modernises the machinery of registration and absent voting, so that participating in our democracy is neither harder nor more confusing than it needs to be.
The next stage of the Bill is shaped by extensive engagement, by the Rycroft review’s recommendations, which the Government have accepted in full, and by many Members across the House who have brought expertise and lived experience, in some cases at a personal cost, to this debate. I thank all colleagues involved in getting us to where we are at this stage, and to state again that the Government remain committed to doing whatever is necessary. I commend the Bill to the House.
Question put and agreed to.
New clause 72 accordingly read a Second time, and added to the Bill.
New Clause 76
Entering into of regulated transactions under Part 4A of PPERA 2000
“(1) Part 4A of PPERA 2000 (regulation of loans and related transactions) is amended as follows.
(2) In section 71F (regulated transactions), after subsection (9) insert—
“(9A) A reference to a regulated transaction being entered into includes a reference to the terms of a regulated transaction being varied so as to increase the value of the transaction.”
(3) In section 71L (offences relating to regulated transactions), omit subsection (12).
(4) In Schedule 7A (control of loans etc to individuals and members associations), in paragraph 1 (operation and construction of Schedule), after sub-paragraph (4) insert—
“(4A) A reference to a controlled transaction being entered into includes a reference to the terms of a controlled transaction being varied so as to increase the value of the transaction.”
(5) In that Schedule, in paragraph 8 (offences), omit sub-paragraph (12).”—(Florence Eshalomi.)
This new Clause would make amendments relating to the circumstances in which a regulated transaction is entered into for the purposes of Part 4A of the Political Parties, Elections and Referendums Act 2000 and takes the place of amendments that are currently made by Schedule 8 to the Bill.
Brought up, read the First and Second time, and added to the Bill.
I beg to move, That the Bill be now read the Third time.
The Bill strengthens our elections and takes a stand against hostile actors at home and abroad who seek to threaten them. It extends the franchise to 16 and 17-year-olds and automates voter registration. It protects candidates and officers, and introduces new, tougher rules around political donations.
The legislation reflects the commitments made in our strategy for modern and secure elections, which I published as Secretary of State in July 2025. It also now delivers much of the Rycroft review on foreign interference. It meets our manifesto commitments and sets the foundations for a new model of politics that is both stronger and fairer.
I reassure the House and hon. Members that during the Bill’s passage we have committed to returning to various issues in the other place. I look forward to a strengthened Bill returning.
I will briefly pay tribute to my hon. Friend the Member for Chester North and Neston (Samantha Dixon), my right hon. Friend the Member for Streatham and Croydon North (Steve Reed) and the Minister for Homelessness, Democracy, Communities and Faith, who have carried the Bill through the House, as well as my hon. Friend the Member for Bethnal Green and Stepney (Rushanara Ali), who delivered much of the policy that led to the Bill.
I also thank those hon. Members form across the House who have contributed to debates on the Bill. In particular, I thank the Opposition and those who took part in the Bill Committee. It would be remiss of me not to pay a special tribute to the hon. Member for Hamble Valley (Paul Holmes). As he said in Committee, the Bill is “groundbreaking” legislation, and I most certainly agree. Finally, I thank my team in the private office, all the officials at the elections directorate in my Department, and the Office of the Parliamentary Counsel, who have worked so hard to produce the Bill before us today.
The Bill will leave our politics stronger and fairer, and all those who have contributed to its drafting and passage should take huge pride in having done so. The measures are the next step in the evolution of our democracy, strengthening our institutions and processes to ensure that they work for the people they serve. I commend the Bill to the House.
I call the shadow Secretary of State.
(5 days, 3 hours ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Representation of the People Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
That the Bill be now read a second time.
My Lords, I am very pleased to open this Second Reading debate on the Representation of the People Bill. Noble Lords across the House bring great experience of electoral law, electoral administration and the practical operation of our democracy. I look forward to the contributions that will be made today and to the constructive scrutiny that our House will bring to the Bill.
This Bill renews our democracy for a new generation, opening up participation and strengthening the integrity of our elections. It restores confidence, reinforcing trust with stronger political finance rules and better protections against harassment and intimidation, closing down opportunities for those who would seek to undermine our democracy. But it would be wrong to introduce this debate without acknowledging and reflecting on events of recent times.
When I catch the 6.15 am or the 6.31 am train from Stevenage to London in the mornings, I share the carriages of that train and then the Underground with people whose interests are at the heart of our community: tradespeople, in their steel-toecap boots; public sector workers, including those in blue light services, heading for their early shifts; and small business owners getting an early start to prepare for their day. It is a fundamental principle of our democracy that every one of their votes is exactly equal to the votes of millionaires, crypto bros and industry magnates. It is that which sits front and centre in this Bill.
We must put politics back under public control. We all share concerns about the rise of big money and its ability to dominate public power. At its heart, this Bill is about renewing the foundations of our electoral system so that it remains fair, secure, transparent and accessible in the years ahead. At the Last Night of the Proms on Saturday, the conductor, Sakari Oramo, referred to another version of AI, which was authenticity and integrity. That must sit at the heart of electoral reform, so that we restore the confidence of the 6 am crew that their voice really counts.
Delivering on our manifesto commitment, this Bill extends the franchise to eligible 16 and 17 year-olds for UK parliamentary elections and other reserved and excepted polls. It enables more automated forms of electoral registration, broadens the forms of voter identification that may be used at polling stations, and makes a range of changes to the conduct and administration of elections, referendums and recall petitions. The Bill strengthens the rules on political donations and expenditure, including measures to reduce the risk of foreign money entering our politics. It improves transparency in digital campaigning material, strengthens enforcement and information sharing by the Electoral Commission, and requires tougher sentencing where offences are aggravated by hostility towards candidates, elected officeholders, campaigners or electoral staff.
Opportunities for those who seek to undermine or illicitly influence our democracy must and will be closed down. This Bill responds directly to a changing and increasingly hostile threat environment and takes action to tackle risks by strengthening safeguards, closing loopholes and hardening defences. Taken together, these measures will help deliver a modern, secure and inclusive electoral system. They will support public confidence, protect our democracy from those who would seek to undermine it and open participation to a new generation of voters.
The Bill is ambitious but practical. It addresses the everyday operation of democracy: who can take part, how they register and vote, how campaigns are funded and conducted, and how the rules are enforced. The balance is important. The Government are not seeking reform for their own sake. The measures in the Bill respond to real changes in political campaigning, how people participate in politics and how threats to democratic confidence can arise. Some of these changes are technological, some are administrative and some reflect the need to ensure that our democratic arrangements command confidence across generations. The Bill therefore looks both to the integrity of the system and to the experience of those who use it: voters, candidates, parties, campaigners and electoral administrators.
The Bill is not the totality of our ambition for electoral reform; work will continue. As a first step, the First Secretary of State and the Secretary of State for MHCLG have written to the Electoral Commission to review spending limits, which we believe are too high. We are establishing a cross-government task and finish team to consider threats to UK democracy, including political funding, illegitimate influence and broader threats to political equality.
As noble Lords would expect, the Bill has not remained frozen in aspic since its introduction; it has continued to develop through scrutiny, engagement and the Government’s consideration of how best to give effect to its objectives. During its Commons stages, the Government brought forward both substantive and technical amendments to strengthen the Bill in response to points raised by Members and to ensure it better delivers its policy intent.
For example, the Government brought forward amendments to strengthen the “know your donor” requirements and further tighten the rules relating to donations made by unincorporated associations. Those changes were designed to improve transparency and ensure that the political finance regime keeps pace with the risks it is intended to address. These risks cannot be overstated. The threat to our democracy from foreign influence and hidden sources of political funding are an ever-growing danger—one that we cannot afford to delay tackling.
Responding to further evidence of the threat we face—namely, the conviction of Nathan Gill, as well as cases such as Christine Lee—we commissioned Philip Rycroft to review foreign financial influence and interference in politics. His report was thorough and challenging, and the Government have accepted its recommendations. Safeguarding the integrity, transparency and fairness of our electoral system is a fundamental priority, and the Bill provides an important vehicle for taking that work forward.
A number of recommendations from the Rycroft review were therefore implemented through amendments made to the Bill on Report in the Commons. Those amendments form a significant part of the Government’s wider response to the risks identified by the review. The first of those changes concerns crypto assets. The current political donations framework does not sufficiently reflect the particular risks that crypto assets can present, including the difficulty of identifying the true source of a donation. That creates a risk that malign actors, including state actors, could seek to obscure the origin of the funds. The Bill therefore introduces a ban on the use of crypto assets as a means of making political donations. To support that change, the Government have amended the Bill to clarify the meaning of a donation under the Political Parties, Elections and Referendums Act 2000. That will ensure that property, including crypto assets transferred to a party to meet an expense, is treated as a donation, so that the law cannot be circumvented simply because value is transferred through property rather than cash.
The Bill caps donations to registered political parties by overseas electors at £100,000. This also applies to individuals who were formerly resident outside the UK, who are subject to the cap for a minimum of a calendar year after arrival here. That responds to concerns identified by the Rycroft review: first, that the origin of funds from overseas donors can be harder to trace; and, secondly, that democratic fairness may be put at risk if individuals are able to make unlimited donations into the political system while having only a limited connection to public life in the United Kingdom.
Further amendments change the test for company donations so that it is based on profit rather than revenue. That change follows careful consideration of the Rycroft review and engagement with stakeholders. Profit provides a clearer indication of a company’s financial position and helps ensure that donations come from companies undertaking genuine economic activity.
The Bill was also amended to implement the Rycroft recommendation that the Electoral Commission’s information-sharing powers should be extended. This will enable the commission to receive relevant information from relevant public authorities as defined in the Bill, supporting more effective regulation of political finance and a better understanding of emerging risks. The Government also amended the Bill to extend the commission’s powers to require disclosure of information outside a formal investigation, allowing the commission to more proactively monitor compliance, support timely regulation during election periods, and take a more proportionate and effective approach to enforcement.
Beyond the Rycroft recommendations, on Report the Government introduced a targeted regulation-making power into the Bill to allow key political finance restrictions, including those relating to crypto assets, overseas elector donation caps and company donations, to be extended beyond political parties via secondary legislation in the future. This is to ensure that malign actors cannot circumvent the rules by providing to other non-party regulated donees.
While much of the consideration of the Bill so far has been focused on strengthening the political finance provisions, the Government tabled further amendments on Report to extend the maximum duration of longer-term postal and proxy postal voting arrangements from three years to five, and to better align the duration of anonymous elector registration provisions with those changes. These changes will provide greater clarity and consistency while reducing repeated administrative burdens on people who may already be vulnerable.
The Government have also amended the Bill to clarify when an overseas elector may be removed from the electoral register. Overseas electors must satisfy specific eligibility requirements when they register. Although registration lasts for three years, circumstances may change during that period. These amendments ensure that an individual who no longer meets the requirements can be removed, helping electoral registers remain accurate. Taken together, the Commons amendments strengthen the public scrutiny of political finance, reduce avoidable administrative burdens and ensure that the Bill responds sensibly to modern forms of participation, campaigning and donation.
As the Bill has progressed, our desire to engage with all interested parties and our willingness to listen to opposing viewpoints has continued. Following the strength of feeling expressed at Second Reading in the House of Commons, the Government tabled an amendment in Committee to repeal the Government’s powers to designate a strategy and policy statement to which the Electoral Commission must have regard. That repeal supports our manifesto commitment to strengthen democracy and uphold the integrity and independence of the Electoral Commission.
The Government have committed to tabling an amendment during the Bill’s passage through this House to strengthen accessibility at polling stations for voters with disabilities. We will develop that amendment in the spirit of the new clause brought forward on Report in the Commons, working with interested Members of both Houses to ensure that any new provision is proportionate, practical and deliverable.
In addition to introducing a robust regime that ensures that donors contributing above the £100,000 annual cap must demonstrate a genuine and ongoing connection to the United Kingdom, we are considering how we will strengthen the residency requirements, including ensuring that the length of time spent in the UK aligns with broader government policy. We will continue to engage with political parties bilaterally and through the Parliamentary Parties Panel, and we will provide the House with further details in due course. I am keen for that spirit of constructive engagement to continue as the Bill proceeds through this House. I have hosted a drop-in session for all Peers, and I have been pleased to meet a number of noble Lords separately. Throughout the passage of this Bill, my door will remain open to those who wish to discuss any aspect of it with me.
Outside this House, we have worked and will continue to work with bodies such as the Parliamentary Parties Panel and stakeholders across the electoral sector to ensure that the Bill operates effectively for political parties, electors and administrators. We have also engaged with Ministers and officials in the Scottish Government, the Welsh Government and the Northern Ireland Executive, recognising that implementation will require continued close working with the devolved Governments and legislative consent in those areas within the responsibility of the devolved legislatures.
I also recognise that successful implementation will matter as much as the legislation itself. Electoral administrators, returning officers and those who support the running of elections locally will be central to making many of these reforms work in practice. The Government will continue to engage closely with them as the Bill progresses and as the necessary secondary legislation, guidance and operational changes are developed. We want reforms that are ambitious but also workable, clear and capable of commanding confidence on the ground.
Democracy is not sustained by institutions and legislation alone. It depends on people believing that their voice matters, that the rules are fair and that the outcome of an election reflects the free choice of the electorate. That confidence must never be taken for granted. This is a substantial and important set of reforms to electoral law. I know that noble Lords will bring expertise, rigour and practical insight to its consideration. I look forward to engaging with those debates in the constructive spirit in which the Bill has been developed. I beg to move.
My Lords, I am grateful to all noble Lords who have contributed to what has been a thoughtful, wide-ranging and characteristically well-informed debate. I have particularly enjoyed some of the history lessons we have heard about, though I should say to the noble Baroness, Lady O’Neill, that many of the dates she gave were before the Labour Party came into existence—well done for winning those elections. The breadth of experience brought to bear by this House, particularly on electoral matters, is one of its great strengths, and I welcome the careful scrutiny that noble Lords have given to the principles and purposes of this Bill. I, too, echo the thanks that have been given to the many organisations that have provided briefings to us all. I particularly thank Philip Rycroft for all his work on his excellent report.
At its heart, the Representation of the People Bill is about strengthening confidence in our democracy, ensuring that our electoral system is secure, accessible and fit for the future; that those who administer and participate in elections can do so safely; and that every eligible citizen is able to take part freely and with confidence. My noble friend Lady Paul spoke powerfully in saying that challenges to our democracy do not come from voters turning up to vote at their local polling stations—we know that. But challenges do come from elsewhere, and we must all put our minds to how we tackle them.
I was interested to hear both that the Bill is too big and that it does not include the things which noble Lords from around the House want in it. We have also heard that it is being rushed through—that is an opinion—and we were asked whether it will be in time to address imminent crises in some of the areas we are looking at. We can only do our best to get things through as quickly as we can, and to create a Bill that is practicable and manageable but which tackles the main issues.
I will seek to respond to the main points raised in the debate. Where I am not able to cover every contribution in detail, I will of course write to noble Lords. It has been a long debate and I am pretty sure I will not get to everything.
I start by thanking the right reverend Prelate the Bishop of Lichfield for his contributions to your Lordships’ House and I wish him well in his retirement. It was a great honour that he chose this debate for his valedictory, and I am grateful for everything he has done during his time here.
I thank my noble friend Lord Macintosh of Eastwood for his maiden speech, which was described by my noble friend Lord Foulkes as powerful, elegant and witty. I totally agree with those sentiments. I note that my noble friend Lord Macintosh is from the Isle of Skye—I have been there only once, but it is one of the most beautiful places I have ever been, and I envy him that. I also echo his thoughts. While we are talking about the political world, as we do in this Bill, all of us owe thanks to our families who put up with the vagaries of living with our political careers. I thank him and wish him well in his career in your Lordships’ House.
I start with some of the points made about engagement on the Bill, which is crucial. The measures in this Bill have been developed through close engagement with key partners from across the electoral community and the devolved Governments, and with younger people, civil society organisations, academics, think tanks, the Parliamentary Parties Panel, the Electoral Commission, the Association of Electoral Administrators, the Society of Local Authority Chief Executives, colleagues from across government, and so on. To deliver these changes, we will continue to work closely with our partners in local and devolved government and with political parties, the electoral sector, education and civil society, and citizens themselves, as we need to ensure that impacts are thoroughly considered and changes are successfully implemented. I absolutely dispute the accusation of lack of consultation. I have been provided with a long list of meetings and engagement that I am happy to provide to the noble Baronesses, Lady Finn and Lady O’Neill. I checked that Philip Rycroft did consult with the Conservative Party during the course of his report.
There has been a great deal of talk—not surprisingly in the current circumstances—about donation caps. My noble friends Lord Wills and Lord Foulkes will know that my style is both to listen and to act on Members’ concerns. This Bill will be no exception to that. The noble Lords, Lord Evans of Weardale, Lord Rennard and Lord Carter, my noble friends Lord Watson and Lady Hodge and the noble Baroness, Lady Bennett, wanted to insert a wide enabling power in the Bill. As I said in my introductory speech, we must put politics back under public control. There are shared concerns about the rise of big money in politics and its ability to dominate public power. This Bill is not the totality of our ambition for electoral reform. Work will continue. As a first step, the First Secretary of State and the MHCLG Secretary of State have written to the Electoral Commission to review spending limits, which we believe are too high. We are establishing a cross-government task and finish team to consider threats to UK democracy, including political funding, illegitimate influence and broader threats to political equality. I have heard all the points raised in the Chamber, and I will take those back for consideration.
A number of Peers spoke about the cap and asked why it should be retrospective. We will not allow bad actors to funnel money into our elections in advance of a change in the law. There is a clear time-critical risk of evasion of these new rules that would undermine their purpose if they were brought in at a later date. Donations made by overseas electors—I think this is the information the noble Baroness, Lady O’Neill, was looking for—that breach the new requirements will have to be returned. Regulated transactions involving an overseas elector as a participant that breach new requirements will have to be repaid. Donations made by individuals who returned to the UK, but who were not overseas electors from 6 July 2026, that breach the new requirements will have to be returned. Regulated transactions involving an individual who has returned to the UK as a participant that breach new requirements will have to be repaid. We are removing the incentive for those who want to circumvent protections that we deem necessary. This is not about any one particular donation. These provisions were in consideration before this weekend.
The noble Lords, Lord Wallace, Lord Evans, Lord Rennard and Lord Carter, and my noble friend Lady Hodge raised issues around party spending limits. The Secretary of State and the First Secretary State have asked the Electoral Commission to undertake a review on lowering registered political-party, third-party campaigner and candidate limits to ensure the entire electoral spending framework is scrutinised and fit for purpose. In terms of timing for that, the commission has been asked to provide recommendations no later than July 2027.
Completely understandably, we have had a number of contributions on crypto assets. I will write to answer the specific questions from the noble Baroness, Lady Morgan. I will make some general comments, but I will write and answer her specific ones. The noble Lord, Lord Fuller, and the noble Baroness, Lady Finn, asked very particular questions on this. With this ban, we need to take decisive action to defend the legitimacy and integrity of the democratic system from foreign interference. We do not want to undermine the ban. Applying the ban only after Royal Assent of the Bill would risk bad-faith actors taking advantage of the advance notice of the passage of legislation and undermining public trust in our democracy. As set out by the former Secretary of State on 25 March, any donations made to political parties in crypto assets will not be permitted under the new requirements. Recipients will have a period of 30 days following the coming into force of the provisions in the Bill to return or forfeit crypto-assets donations accepted on or after 25 March 2026, after which enforcement action can be taken and failure to comply will risk criminal liability.
There have been a number of comments around think tanks. This has been a really important issue, both debated here today and in the discussions on this Bill outside. Today we have heard contributions from the noble Lords, Lord Wallace and Lord Brady, and my noble friends Lord Wills, Lord Evans of Sealand, Lady Royall, Lady Hodge and Lady Goudie. Electoral law already covers think tanks that donate or spend during regulated election periods. Our reforms will ensure that only those with a genuine UK connection can contribute to our democracy—for instance, requiring recipients to undertake know your donor due diligence to guard against illegitimate foreign funding. The Rycroft review identified broader risks of foreign financial influence across the political system, including the potential for existing arrangements to be exploited, rather than risks specific to any one type of organisation. Our reforms are designed to address those system-wide vulnerabilities, but we are continuing to think about the issues around think tanks.
We heard many points about the consolidation of electoral law. I understand the issue, particularly after listening—not in the Chamber—to my noble friend Lord Shamash setting out how broad the spectrum of electoral law is. We also heard comments from the noble Lords, Lord Evans, Lord Jamieson, Lord Fuller, Lord Norton, Lord Shamash and Lord Pack, and the noble Baroness, Lady Royall. We understand the calls for consolidation of electoral law. Of course, major reform would take very careful consideration and an extensive amount of time. The Government’s immediate priority is the implementation of our manifesto commitment. A full-scale consolidation and simplification would need an in-depth review and modernisation alongside consolidation, which would be the job of more than one Parliament to achieve.
The Government have an ambitious agenda to improve our elections, including giving 16 and 17 year-olds the right to vote and strengthening the rules around donations. We are focused on delivering that agenda via the Bill. However, we are cognisant of the challenges facing election teams. As the noble Lord, Lord Pack, said, we are taking a tiny step towards consolidation with the forms issue, and we will continue to look at areas that can help modernise and improve the electoral process and delivery.
We heard many comments—some formulated as questions—on young people voting at 16 and 17, and rightly so. There is a lot of support for this around the Chamber, although I appreciate that it is not universal. The noble Lord, Lord Patten, asked us to look at the Australian preparation for elections. I am very happy to look wherever we can for information about that. I am not sure that the noble Lord, Lord Brady, meant to say that voting can damage our health. I do not know whether that is a new Tory strapline, but I do not think we will be picking that one up.
The noble Lord, Lord Macintosh, spoke about votes at 16 improving voter turnout in Scotland. The noble Baronesses, Lady Leaman, Lady Foster, and Lady O’Neill, and the noble Lord, Lord Markham, spoke about voting at 16 and 17, as did many other Peers. The important question is not what else you can or cannot do at 16 but whether 16 is the right age to be able to vote, and our Government are clear that the answer to that question is yes. Sixteen is the right age to be able to exercise your democratic right. Extending the vote will allow 16 and 17 year-olds to have a say in the government who shape their future and set them up for lifelong engagement in democracy. Sixteen and 17 year-olds have views that deserve to be represented, as my 16 year-old grandson is always telling me. As we have heard from the experiences in Scotland, engaging voters at a younger age will build the foundations for a lifetime of participation in our electoral processes.
The noble Lord, Lord Farmer, tried to press me on scientific evidence in favour of 16 and 17 year-olds not being able to vote. I say to the noble Lord that we do not give people the vote based on their intellectual or cognitive abilities, and that applies to 16 and 17 year-olds—as it does to all our voters.
Many noble Lords, including the noble Lords, Lord Wallace and Lord Bailey, and the noble Baronesses, Lady Royall, Lady Prashar, Lady Thornhill, and Lady Deech, asked the very important question about the steps being taken to support young people’s voter education, which goes right to the heart of the previous question. My noble friends Lady Lister and Lord Watson referred to the APPG’s work on citizenship education, which I commend. We want to break down barriers and drive participation. We know that education and engagement are a crucial part of implementing this policy. It is vital that young people understand and value democratic processes and feel they are relevant to them. We want to ensure that democracy education reinforces the importance and value of participating and inspires greater democratic engagement, and we want that to start at 16 and continue into adulthood. We are working with the Electoral Commission, the devolved Governments and civil society to consider what additional measures we can take to support schools, colleges and youth groups to roll out practical voter and civic education, and our colleagues in the Department for Education are looking at this in terms of curriculum.
There were some important questions about addressing online abuse, particularly abuse targeted at female politicians and candidates. We all need to address online abuse as a matter of urgency. The noble Baronesses, Lady Royall and Lady Goudie, and the noble Lord, Lord Johnson, mentioned this: the noble Lord, Lord Johnson, mentioned in particular Ann Widdecombe. We have had a number of attacks on elected politicians that make us focus our minds again, but hundreds of other attacks go on around the country. This is a top priority.
The Online Safety Act placed a legal requirement on all tech platforms to proactively tackle the most harmful illegal content, much of which disproportionately affects women and girls. This includes harassment, sexual exploitation, stalking, controlling or coercive behaviour, extreme pornography, and intimate image abuse. We have implemented the new measures in the Online Safety Act and, going further still, we have criminalised the creation of non-consensual sexual deepfakes—building on existing offences—criminalising sharing or threatening to share such content. We have made this offence a priority under the Online Safety Act. We need to continue our efforts in that regard to make sure that this does not have a place in our political dialogue.
There were some questions around AI-generated misinformation and disinformation. Illegal AI-generated content is already regulated under the Online Safety Act, as I said. A range of legislative offences apply to deepfakes and misinformation and disinformation in this context, including the false communications offence, which makes it illegal to knowingly spread false information with intent to cause non-trivial psychological or physical harm.
I have a number of comments on bank cards and whether they undermine the security of the policy. Our understanding is that the policy will remain secure and that this use of bank cards does not undermine it. We are limiting the policy so that only cards from UK-regulated issuers can be used. That is because the UK is recognised having one of the strongest systems in the world for stopping money laundering and terrorist financing, so this safeguard will ensure a high level of security. We are also limiting the policy to cards that have a visible expiration date and require that this date has not elapsed. As bank cards are a non-photographic form of ID, it makes sense that they need to be in date to maintain security and integrity. Although bank cards do not bear photographs, we believe that this is a sufficient and appropriate level of security. The change will ensure that more legitimate electors are able to meet the voter ID requirements and will not be denied their right to vote.
The last thing I will have time to cover is the national commission on electoral reform, which a number of noble Lords asked about. I understand the push for that. The Government’s priority is a politics that works for all people. The Prime Minister has been clear on his commitment to bring about a new voting system and he welcomes a national debate about this. But this Bill is not the place to legislate for that debate. We have to get these measures over the line for our 16 and 17 year-olds to vote at the next election and to curb foreign influence in our democracy. Our Prime Minister is open to different ways of having a debate about how we can better include everyone’s vote and voice, and we will set out a path on that in due course. I look forward to those discussions.
I did not think I would be able to respond to all the points that were made, and I did not. I will respond to noble Lords in writing where I have not got to them. This Bill is a significant and necessary step in renewing the foundations of our democracy. Of course the Government recognise that this House will rightly wish to probe these matters in detail. We will continue to engage constructively as the Bill progresses, and I look forward to the further scrutiny and debate that will follow in Committee.
My noble friend Lord Evans of Sealand mentioned our Prime Minister’s wish for a national conversation about democracy. As I said, I welcome that and look forward to it. But the principle is clear: our democracy works best when it is trusted, secure and open to all those entitled to take part. That is what this Bill seeks to achieve, and it is in that spirit that I commend this Bill to the House.
That the bill be committed to a Committee of the Whole House, and that it be an instruction to the Committee of the Whole House that they consider the bill in the following order: Clauses 1 to 6, Schedule 1, Clauses 7 to 19, Schedule 2, Clauses 20 to 49, Schedule 3, Clauses 50 to 53, Schedule 4, Clause 54, Schedule 5, Clauses 55 and 56, Schedule 6, Clauses 57 and 58, Schedule 7, Clauses 59 and 60, Schedule 8, Clause 61, Schedules 9 and 10, Clause 62, Schedules 11 and 12, Clause 63, Schedule 13, Clauses 64 and 65, Schedule 14, Clauses 66 to 69, Schedule 15, Clauses 70 to 74, Schedule 16, Clause 75, Schedule 17, Clauses 76 to 91, Title.
Lord Pack (LD)
My Lords, conscious of the time, I will very briefly say only that I fully agree with both noble Lords, Lord Rooker and Lord Hayward. Were what is being proposed what we were used to having, we would think, of course, it is completely obvious that we would never abolish the provision of such straightforward information that would help us do our job better, so I very much commend the proposal of the noble Lord, Lord Rooker.
My Lords, the amendment that my noble friend has tabled seeks information on the amendments debated in the Commons, so I thought it would be helpful to the House if I set out the scrutiny that the Bill had in the House of Commons.
The Bill had its Second Reading in the House of Commons on Monday 2 March. The House of Commons then ordered that the Bill should be committed to a Public Bill Committee. The Public Bill Committee itself decided on its sitting pattern. The Committee completed its scrutiny in nine sittings over five days. As usual, all clauses and schedules were considered, as were all proposed amendments and new clauses that were selected by the chair. Report took place on Wednesday 2 September. The House of Commons ordered that consideration should conclude no later than five hours after it commenced. All proposed amendments and new clauses selected by the chair were considered.
I have no doubt that noble Lords will add to the work of the Commons with their usual high-quality scrutiny. There will, I am sure, be time to debate all the issues that noble Lords raised in detail as the Bill progresses through the House.
I am grateful to my noble friend, but let us get this absolutely clear: the Committee in the Commons did not discuss the stuff that was dumped in the Bill after the programme Motion on Report. The Committee did not know about it. The reality is—noble Lords can read Commons Hansard; it is there for them to read—that 15 new clauses and six schedules, occupying 72 columns of Hansard, were approved on the nod. They were not discussed. What is more, they were all government amendments, because the programme Motion means that only the government ones are passed on the nod: the ones in the names of opposition or individual Members disappear.
The programme Motion is designed to secure the Government’s business, and quite right too. I was there at the beginning, in 1997, when we introduced the idea of guillotining every Bill, but it has got out of hand because they are too close, too tight. More Bills are being pushed through, and we are now ending up with unscrutinised legislation, and that is not good legislation. I beg leave to withdraw.