Elections Bill

(Limited Text - Ministerial Extracts only)

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2nd reading
Tuesday 7th September 2021

(2 years, 7 months ago)

Commons Chamber
Elections Act 2022 View all Elections Act 2022 Debates Read Hansard Text
Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
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I beg to move, That the Bill be now read a Second time.

I look forward to a thorough and thoughtful debate across the House. Indeed, our work in Parliament is a key pillar of our democracy, a democracy that is underpinned by free and fair elections. Like many public services across the UK, our electoral services have not been untouched by the pandemic. Earlier this year, we faced unprecedented challenges in delivering the most complex combination of polls in memory during a pandemic. Many suggested we should postpone the elections for a second time, but I was not willing to deprive people of the chance to have their say without having done everything in our power to try. That was why the Government provided an additional £32 million of funding, sourced over 5,000 volunteers to support electoral teams and took creative steps to ensure that people could cast their vote. I am proud of the ingenuity and determination displayed by so many to ensure that our citizens were able to exercise their democratic rights. That is no less than I would expect, given the passion and capability of what is often a small number of election staff in our local authorities, to whom I pay tribute today. We cannot take them, or the system, for granted.

We are the stewards of a fantastic democratic heritage. We committed in our manifesto to secure the integrity of elections, restore constitutional balance and defend our democracy against increasingly sophisticated threats. This Bill keeps our elections secure, fair, transparent and up to date. Part 1 of the Bill is about getting the basics of our elections right by updating the security and integrity of the ballot. That is why it introduces new measures that will stamp out the potential for voter fraud from our elections. There are some who suggest that this is not a problem, but I would like to disagree.

Interlinked types of fraudulent criminality are a very real threat to the integrity of our elections. Clear evidence of this was seen at the 2014 election scandal in Tower Hamlets, where the mayoral contest was declared void due to corrupt and illegal practices. The judgment in the case and the witnesses who spoke at the trial tell a story of harm and fraud that struck at an entire community and fatally undermined democracy. Recalling crowds harassing voters, one witness reported:

“I got into conversation with an elderly lady who was frightened to go in and vote and said that she had decided not to vote as a result of the intimidation.”

Another witness described her experience of having her vote stolen by a campaigner for a candidate she did not support. She recalled:

“They came to me and took my signature and then took the blank ballot paper from me. I normally go to the polling station. I told them I was used to doing it myself and didn’t understand why it was different this year.”

Crucially, although it is much harder to identify and prosecute, we know that personation was also one of the corrupt and illegal practices that took place in Tower Hamlets. The Electoral Commission has noted that

“the majority of people in communities affected by electoral fraud are victims rather than offenders.”

This is unacceptable. Why should criminals get two votes, or even more, and their victims lose their voices?

Catherine West Portrait Catherine West (Hornsey and Wood Green) (Lab)
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Would the Minister accept that, while some of these measures might be necessary, we have only a 30% turnout in some of our elections and this could make turnout even lower due to the added bureaucracy and the added information that people will need to provide in order to cast their ballot?

Chloe Smith Portrait Chloe Smith
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I am pleased the hon. Lady has made that point so early in the debate. I join her, as I want everyone here to do, in welcoming turnout and in wanting to raise registration and participation in our elections.

I will more precisely address the points that the hon. Lady understandably makes because, no, I do not think these measures will damage turnout. The point is that the vulnerabilities in our system let people down. The 2016 report on electoral fraud by Sir Eric Pickles, now Lord Pickles, leading international election observers and the Electoral Commission all agree that those vulnerabilities are a security risk. As the noble Lord Pickles said,

“our well-respected democracy is at threat from unscrupulous people intent on subverting the will of the electorate”.

We must do our utmost to guard against that, and we must have measures in place to discourage and prevent it.

Part 1 of the Bill therefore introduces what many would consider to be an obvious requirement—the requirement to prove that the vote a person is casting that day is theirs and theirs alone.

Anna McMorrin Portrait Anna McMorrin (Cardiff North) (Lab)
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Does the Minister agree that voter ID is actually voter suppression, and that this Bill misses an opportunity for real engagement in not giving 16 and 17-year-olds the opportunity to vote? Does she agree that this is the perfect time to do that?

Chloe Smith Portrait Chloe Smith
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The short answer is no, no and no, and I am happy to explain why. I am sure we will get on to this in the debate, but the point about voter identification is that it is not voter suppression or voter disenfranchisement, which is a word we occasionally hear thrown around. In fact, I look forward to Labour Members explaining why their reasoned amendment suggests that people will be removed from the franchise for general elections. Where in the Bill is the clause that does that? They will not find it, of course, because it is not there. The Bill does not do that, and we should be careful with the words we choose to use, such as “voter suppression” and “disenfranchisement.”

We already have an election check, but the check is so outdated and unfit for purpose that many have forgotten it. People already identify themselves when they go to the polling station, but it is a Victorian test of saying their name and address. The world has moved on, and we need to move with it. Showing photo identification is a reasonable and proportionate way to confirm that a person is who they say they are. Many people would question why it is not already the case.

Alex Sobel Portrait Alex Sobel (Leeds North West) (Lab/Co-op)
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A pensioner can bring their bus pass as identification, but the Bill disproportionately disadvantages young people who cannot bring their student card or university or college identification. Will those young people not be disproportionately affected, and should we not expand the range of identification that is recognised by the Bill, as a minimum?

Chloe Smith Portrait Chloe Smith
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I am delighted that the hon. Gentleman is getting into the detail of what is actually being proposed, which is excellent. He makes the important point that schedule 1 has a widespread and broad-based list of identification. In fact, 98% of the population hold those forms of ID.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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These proposals were trialled in 2019, and during that trial 2,000 people were turned away for not having the correct form of identification. Of those 2,000, 700 did not return to vote. Whether it is voter suppression is a question of semantics, but it is hardly encouragement, is it?

Chloe Smith Portrait Chloe Smith
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Under this Bill, as is clear in the impact assessment and the associated documents, there will be a widespread public communication campaign to ensure awareness so that people know what to bring with them to the polling station, which is only right. That is exactly what we would expect, because we want people to be able to take part in our elections.

Maria Miller Portrait Mrs Maria Miller (Basingstoke) (Con)
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The Minister is making an excellent speech introducing the Bill. There is another side to this issue, as pointed out by the Electoral Commission’s research showing that two in three people would feel much more confident in the security of our voting system if there were voter ID. Surely that has to be taken into consideration by those who have been intervening.

Chloe Smith Portrait Chloe Smith
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My right hon. Friend makes my next point for me, and she is right. It is important that we think about what will increase confidence in our elections, and I would love the message to go out loud and clear from the Chamber today, and from the reporting and discourse on this Bill, that we all want participation and we want to talk up our election system rather than talking it down.

I understand there are genuine concerns about this change and our plans to implement it, which is why I have met many organisations that represent voters from different backgrounds to understand what challenges it may present. I will continue to listen and to benefit from their wisdom.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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I was concerned to hear the Minister imply that concerns about voter suppression are somehow party political. Does she accept that the cross-party Joint Committee on Human Rights, of which I am a member, found that the

“introduction of a voter ID requirement may have a discriminatory impact on certain groups with protected characteristics who are less likely to hold…photo ID, including older people and people with disabilities”?

Inclusion Scotland backs up that concern. Given that cross-party finding, what plans do the Government have to mitigate any discriminatory impacts on these groups?

Chloe Smith Portrait Chloe Smith
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It might not have been the intention of the hon. and learned Lady to assist me in making this case, but she does because she allows me to make the critical point that this scheme is underpinned by a free local voter card. I have already mentioned that 98% of people already hold the identification that will be asked for by the scheme. For those who do not, we are making sure there is the free alternative of a local voter card.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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When we cut through the noise, is it not true that the Organisation for Security and Co-operation in Europe said that we cannot have definite security in our elections if we do not have photo ID? Is it also not the case that we are being asked to continue a practice that puts us outside international standards?

Chloe Smith Portrait Chloe Smith
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That is exactly the case. Indeed, countries around the world already operate this system with ease, and not only other countries. This policy is already successfully and easily operated inside our own United Kingdom, and we need to learn from the Northern Ireland experience.

Ronnie Cowan Portrait Ronnie Cowan (Inverclyde) (SNP)
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The Minister alludes to Northern Ireland, which already has this in place. What analysis, if any, have the Government made of the situation in Northern Ireland? Can she tell me that the scheme has not had a negative impact on voter turnout in Northern Ireland? What analysis has there been, and by whom?

Chloe Smith Portrait Chloe Smith
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There is a considerable evidence base on what has happened in Northern Ireland, and the Minister of State, Northern Ireland Office, my hon. Friend the Member for Worcester (Mr Walker), would be only too happy to respond further to that point later in the debate. Both he and I are happy to say that there is not a clear direct link between turnout and this scheme, because turnout can be influenced by lots of different factors. The hon. Member for Inverclyde (Ronnie Cowan) will accept that, especially when he thinks about how much turnout he would like in a future referendum, for example.

We need to put in place a scheme that commands confidence, that aids people’s confidence in elections and that will not be discriminatory. In answer to the hon. and learned Member for Edinburgh South West (Joanna Cherry), the work we have done through our pilots, modelling and analysis, through the Northern Ireland experience and through working with organisations shows us we can be sure that, with the free local voter card, there will be an opportunity for everybody who is eligible to vote to continue to do so. That is fundamental to the concerns that have been expressed.

John Redwood Portrait John Redwood (Wokingham) (Con)
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I am pleased that the Minister is taking fraud seriously and has come forward with sensible proposals. Is it not the case that, in a world of mass fraud, we are all getting used to having to provide ID and digital identification? Is it not the case that many employees, including Members of Parliament, need a photo pass even to go to work?

Chloe Smith Portrait Chloe Smith
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I will make two points on that. The first is that we show identification in everyday life, and reasonably and proportionately so. For example, we show it when we pick up a parcel or apply for a range of other services. Let me give a word of reassurance to my right hon. Friend and to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who is sitting behind him: what we have with this scheme is not a form of ID database, beyond, of course, that which is already there in the electoral registers. I offer that reassurance in response to an alternative argument that may come out in today’s debate compared with what we often hear from the left.

I am surprised that I need to use the words of a former Labour Government to say this, but I cannot do it plainer than this. When they introduced this policy in Northern Ireland in 2003, they said:

“If we believed that thousands of voters would not be able to vote because of this measure, we would not be introducing it at this time.”—[Official Report, House of Lords, 1 April 2003; Vol. 646, c. 1248.]

The Electoral Commission also states:

“Since the introduction of photo ID in Northern Ireland there have been no reported cases of personation. Voters’ confidence that elections are well-run in Northern Ireland is consistently higher than in Great Britain, and there are virtually no allegations of electoral fraud at polling stations”.

Let me make some progress and set out what else is in this wide-ranging Bill. I must stress that it is not just in-person electoral fraud that this part of the Bill will combat, and that is important because criminals use all kinds of corrupt behaviour together, as we saw in Tower Hamlets and, sadly, elsewhere. Voting by post or by proxy are essential tools for supporting voters to exercise their rights, and they must remain available options for voters who may not wish to, or cannot, vote at a polling station. So this Bill also introduces sensible safeguards against the abuse of postal and proxy voting.

Mark Fletcher Portrait Mark Fletcher (Bolsover) (Con)
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Does the Minister agree that often the victims of postal vote harvesting are those who come from many of the groups that the hon. and learned Member for Edinburgh South West (Joanna Cherry) mentioned, including those who do not have English as a first language, and that this is a good protection for them and for our democratic process?

Chloe Smith Portrait Chloe Smith
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I fear that that may be right. I know that my hon. Friend and others have experience, for example at council level, where they may have seen this happening at first hand. Today, I want to allow a Bill to make progress that will give confidence that a person’s vote is theirs alone, and that is vital. Did we not see that before when we introduced individual electoral registration? Voices were saying that it, too, would never work, but did we not see that it was about reducing the influence of the head of the household on who was allowed to register? That is an important point to remember.

The part of the Bill on postal and proxy voting includes new limits on the number of postal votes that may be handed in by any one individual, and a limit of four on the total number of electors for whom a person may act as a proxy. In order to tackle “vote harvesting”, the Bill is also making it an offence for political campaigners to handle postal votes issued to others, unless they are family members or carers of the voter.

Of course, stealing someone’s vote is not always done by personation or by taking someone’s ballot physically. As I mentioned, an equally sinister method that we have seen is people using intimidation, or pressuring people to cast their vote in a certain way or not to vote at all. That is known in the law as “undue influence”. The existing legislation on undue influence, which, again, originated in the 19th century, is difficult to interpret and enforce, so we are providing greater clarity, ensuring that there can be no doubt that it is an offence to intimidate, deceive, or cause harm to electors in order to influence their vote.

I have touched on the ways in which the Bill will combat the silencing of democratic voices by those seeking to influence or steal an individual’s vote, and I will now touch upon more ways in which the Bill will empower our citizens.

Geraint Davies Portrait Geraint Davies (Swansea West) (Lab/Co-op)
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The Minister will be aware that loud claims of personation were made by the Trump campaign in the United States, which were completely without any basis or evidence, and which led to an assault on the Capitol building in Washington that suspended democracy itself. Does she think that as a Minister she should be promulgating an evidence-free claim that personation is a widespread problem that needs solving, with the cost being to deny millions of people their vote?

Chloe Smith Portrait Chloe Smith
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Does the hon. Gentleman, as an experienced Member of this House, think he should be promulgating such nonsense? I do not think so.

One of the truest pillars of our democracy is the trust that we place in our citizens’ choices and the respect we give their decision. While we make voting in elections more secure, we also want to ensure that voters who may still require additional support to navigate that system, such as those with disabilities, have that support. This is why we are introducing key changes from our call for evidence on access to elections, extending the requirements on returning officers to support a wider range of voters with disabilities and extending the definition of who can act as a “companion” to anyone aged 18 or over.

In the same spirit, looking a little further afield, part 2 of the Bill will ensure that the voices of British citizens across the world can be heard, and their vote taken into account on matters that do affect them, by removing the 15-year limit on voting rights of British citizens living abroad.

Bambos Charalambous Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
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On people with disabilities, clause 8 talks about people who are blind and about

“such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote”.

Blind people still find it difficult to have this access through existing legislation. Does the Minister not consider that that measure actually weakens the provision that blind people have? Will she meet the Royal National Institute of Blind People and listen to its views, because it has serious concerns about the clause?

Chloe Smith Portrait Chloe Smith
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I am pleased that the hon. Gentleman makes that point, because I know a number of hon. Members care about it, and rightly so. I can reassure him and everybody here today that I have been working with the RNIB for months and indeed years to make the improvements we need to the system for allowing blind and partially sighted voters to cast their vote. In answer to his specific question, I do not think that the measures in this Bill weaken that support; I think they strengthen it, by ensuring that a wider range of voters with disabilities—or, should I say, a wider range of disabilities—may be properly supported at the polling station. That is important, as we would not wish some to be unsupported by a phrasing in legislation that is now outdated and overly narrow—that is what our reform seeks to tackle.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
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On the Minister’s point about empowering citizens, she will be aware of reforms in Wales and Scotland whereby any legal citizen, no matter their nationality, can vote in our respective parliamentary elections and local elections. This Bill seems to be limiting the ability of European nationals to vote in local elections in England and in Westminster elections. Why is Westminster going on a totally different path from Wales and Scotland?

Chloe Smith Portrait Chloe Smith
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I am grateful that the hon. Gentleman has raised that point, because there are two things to be said. The first, which I shall come to shortly in my remarks, is about how we are updating the franchise to reflect the position of EU citizens. The other important thing, which is worth making clear at this juncture, is that parts of the devolution settlements apply to electoral policy and so it is important to be clear that in this Bill we are looking at measures that will apply UK-wide—a full analysis is available, of course, in the Bill documents. That means we will have consistency at parliamentary elections, but a natural consequence of devolution is that there may be differences at other levels. I think we would both accept that and seek to work to make those arrangements a success for voters who may experience both sets of arrangements and for the hard-working election staff who may administer both sets.

As I have completed my remarks on overseas electors, I shall carry on moving through the Bill. At this point, I wish to address the Liberal Democrats’ reasoned amendment. It may come as little surprise that, regrettably, they take two opposite positions in one amendment: on the one hand they would like British citizens to participate more—indeed, that was their manifesto position—and on the other hand they do not. The official policy of the Liberal Democrats is to support votes for life, and the policy paper that they published in July 2019 said:

“There is no reason why”

expats

“should be treated any differently to those who continue to live in the UK.”

I agree. The Bill puts in place tougher measures against foreign interference and foreign money, but overseas British citizens are just that—British—and are therefore able both to vote and to donate. There is a long-standing principle, originally recommended by the Committee on Standards in Public Life in 1998, that permissible donors are those on the UK electoral register.

Alistair Carmichael Portrait Mr Carmichael
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The Minister references the Committee on Standards in Public Life; why has she not included in the Bill any of the Committee’s recommendations on campaign finance?

Chloe Smith Portrait Chloe Smith
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I shall come to campaign finance shortly, but is that all the right hon. Gentleman has to say on overseas voters?

Let me turn to the voting rights of EU citizens, an important subject that has been asked about. Part 2 of the Bill updates the voting and candidacy rights of EU citizens who reside in the UK and moves to a more reciprocal model that fits our new arrangements. We stand by our commitments to those EU citizens who were resident here before our exit from the EU, so any EU citizen who was a resident before the end of the transition period on 31 December 2020 and has legal immigration status will retain their voting and candidacy rights. That goes beyond our obligations under the withdrawal agreement. For EU citizens who have moved to the UK following our EU exit, local voting and candidacy rights will be granted on the basis of bilateral agreements with the individual EU member states that will reciprocate arrangements for British citizens who live there.

We all want to make progress this afternoon, so let me move on as fast I can through the rest of the Bill. I have set out the ways in which the Bill will bolster the security of our elections; let me move on to the enforcement of electoral law. A critical part of our electoral system is and must continue to be effective, independent regulation, and the Electoral Commission has a vital role to play. Lord Pickles found that the

“current system of oversight of the Electoral Commission—by the Speaker’s Committee on the Electoral Commission—does not provide an effective third-party check on its performance”,

so we think it is right for Parliament to have an increased role. The Bill will introduce a strategy and policy statement that will provide guidance to which the commission will have to have regard in the discharge of its functions. It will be subject to statutory consultation, parliamentary approval and regular review.

We will also improve the parliamentary structures that hold the regulator to account. The Speaker’s Committee on the Electoral Commission currently has a limited remit; the Bill will therefore give it the additional power to examine the commission’s compliance with its duty to have regard to the strategy and policy statement. That will allow Parliament to better scrutinise the work of the commission. Together, the reforms will facilitate parliamentary scrutiny of the Electoral Commission’s work while respecting its independence.

It is a shame that Her Majesty’s Opposition’s reasoned amendment misrepresents scrutiny by Parliament and misunderstands—or again wilfully misrepresents the fact—that the commission remains governed, in law, by its commissioners. We are also clarifying that the Electoral Commission should not bring prosecutions, and that prosecutions should remain with the existing prosecution authorities.

Let me move on to political finance, which right hon. and hon. Members have mentioned. We already have a comprehensive regulatory framework for campaigning that is rooted in the principles of fairness, transparency and the importance of a level playing field. We want to ensure that our electoral law continues to uphold those principles, which is why part 4 of the Bill will update and strengthen our political finance laws to restrict all third-party spending to UK-based entities and eligible overseas electors; to increase transparency around third-party campaigning at elections and the registration of new political parties; and to prohibit parties and campaigners from unfairly expanding their spending limits. The Bill will ensure that campaign spending can come only from sources that have a genuine and legitimate interest in UK elections, by restricting all third-party spending to UK-based entities and registered overseas electors, above a £700 minimum threshold.

On the regulation of third-party campaigners, it is right that those who campaign at elections and seek to influence voters are subject to transparency requirements and rules that maintain a level playing field. Those principles already apply. The Bill seeks to balance the burden of regulation, relative to the level of campaign spending, with the importance of a thriving and diverse public debate.

The Bill will not change the definition of what constitutes controlled expenditure for a third-party campaigner. The Electoral Commission already provides guidance, developed with third-party groups, on what constitutes such expenditure. To ensure that any other legitimate categories of third party that may emerge in future are not significantly restricted in their ability to campaign, a power will be given to the Secretary of State to amend the list of legal entities eligible to register as campaigners under section 88(2) of the Political Parties, Elections and Referendums Act 2000. Any change to that list made via a statutory instrument will be subject to the affirmative procedure and therefore subject to parliamentary scrutiny in both Houses. The Opposition amendment is simply wrong: the last time I checked, democratic parliamentary procedure on an SI is not “unilateral” change by a Secretary of State.

Catherine West Portrait Catherine West
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The Minister talks about third-party involvement in our elections. Is she satisfied that the proposed legislation complies with the recommendations from the Russia report from last summer?

Chloe Smith Portrait Chloe Smith
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Yes, I am. What we are doing in the Bill, as I have already explained, is moving undue foreign influence out of our politics. We are doing that with this new category of campaign regulation that we are introducing. I have just referred to it and it includes an above £700 minimum threshold. It ensures that campaign spending can come only from sources that have a genuine and legitimate interest in UK elections.

Catherine West Portrait Catherine West
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indicated dissent.

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

Martin Docherty-Hughes Portrait Martin Docherty-Hughes (West Dunbartonshire) (SNP)
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We discussed this matter in Westminster Hall back in 2019. As one of my colleagues reminded us, in 2019, the Conservative party received £400,000, with one donation coming from the household of a former Russian Minister under Vladimir Putin eight months after the Salisbury poisonings. There was also money from a personal friend of the President of Syria, Bashar al-Assad. Does the Minister not agree that this does not go far enough to stop this happening again?

Chloe Smith Portrait Chloe Smith
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I have three points. First, this Bill does the right thing, as I have just explained. Secondly, the Conservative party does the right thing with regard to our donations, as I am happy to explain and defend at any time. Thirdly, I am already having to pass through so many pages in my briefing to find the bit about the SNP because there are quite a few points about how it handles its donations as well. I do think it is important that a person gets their house in order before they accuse others.

Let me move on to the important matter of notional expenditure. We are talking here about measures that will deliver better transparency for voters and candidates. I am sure that many in this House will welcome the clarification of the law on notional expenditure that is included in the Bill, which will ensure that candidates and their agents can continue to conduct full campaigns without the fear, as found by the Public Administration and Constitutional Affairs Committee,

“of falling foul of the law through no fault of their own”

and inadvertently causing candidates to exceed their spending limits.

I will go on now to the new electoral sanction of intimidation. A free choice for voters means that anyone entitled to stand as a candidate must feel able to do so. Without a broad range of candidates for voters to choose from, we diminish representation in this country. I am sad to see a rising number of incidents of people trying to exclude others from the debate through violent or illegal behaviour. Voters do not expect violence in our elections. People should not be fearful of expressing their views or standing up in public service. That is why the Bill introduces an additional sanction that will bar an individual found guilty of intimidating a candidate, campaigner or elected representative from running or holding office for five years on top of their sentence.

Chloe Smith Portrait Chloe Smith
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If the hon. and learned Lady would like to come in at this point I will give way, but I think that that may be one of the last interventions that I take because I need to make some progress.

Joanna Cherry Portrait Joanna Cherry
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I am just concerned that the hon. Lady has moved on from dealing with part 4, which deals with regulation of expenditure, before answering the question put by the right hon. Member for Orkney and Shetland (Mr Carmichael), which is: what will the Government do about the recommendations made by the Committee on Standards in Public Life? The Committee published a very full report after a year of work on 7 July suggesting a number of recommendations—I think that it is 47 practical steps to modernise and streamline the way in which donations and spending are reported regularly to then enforce. Will she tell us which if any of those recommendations she will bring forward as Government amendments.

--- Later in debate ---
Chloe Smith Portrait Chloe Smith
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Thank you very much, Madam Deputy Speaker, I shall try to be as quick as I can in concluding my remarks.

The answer to the hon. and learned Lady is that, first, we will be responding in full to what the CSPL said. There are some very good points and ideas in there that we are already able to deliver through the Bill, such as diminishing the extent of foreign influence through political finance in our system. There is also much more that has been drawn out over many years by other bodies. I am talking about the Select Committees here, Members of the Lords, the Association of Electoral Administrators and many, many others. There is a lot of discussion and debate about how we should keep our electoral system safe. I am proud to introduce a Bill that does the most important and pressing of those, and which will have the overall effect of keeping our elections safe, modern, transparent, fair and inclusive.

Part 6 of the Bill introduces a new digital imprints regime, which will be one of the most comprehensive in the world. I think that Members on both sides of the House will welcome that, because we all agree that voters all, rightly, want to know who is talking. The Bill will require digital campaigning material to display a digital imprint explicitly showing who is behind it—all year round and wherever they may be in the world. This provision will deliver on recommendations made by many to improve public trust and confidence in digital campaigns at future elections and referendums.

David Morris Portrait David Morris (Morecambe and Lunesdale) (Con)
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Would this measure translate to websites fronted by political activists masquerading as members of the public concerned about a different cause?

Chloe Smith Portrait Chloe Smith
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Political and election material will be included. I look forward to discussing the finer details as we work through the Bill. It is incredibly important that we have that transparency so that voters can make their choice as they think best.

Before I close, I need to deal with the Labour party’s amendment and its position—or, should I say, its many positions? It is a mystery to me why the Labour party seems to think that identification is good enough for its own members, but not for the British electorate. One person, one vote: it is a really simple formula. Why would anybody believe that criminals should get two? This is not what we ought to believe. Why does the Labour amendment say that the Bill restricts the general election franchise? I do not think that the hon. Member for Lancaster and Fleetwood (Cat Smith) will be able to explain why, because it does no such thing. Why would the Labour party be doing this? Because it has its own murky interests in making it up and misrepresenting the Bill. Perhaps the other parties—

Catherine West Portrait Catherine West
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On a point of order, Madam Deputy Speaker. Until this point, the debate was going quite well, but that allegation is a disgrace. I ask you to withdraw it, Minister. Everyone in this Chamber works very hard in elections and it is in everyone’s interests to have elections that are well run and well respected. That kind of insult makes people denigrate our democracy, which we fight day in, day out to protect, and which we cherish—

--- Later in debate ---
Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. The point of order should be addressed to me, rather than to the Minister. I can assure the hon. Lady that if anything had been said that was disorderly, I would have advised the Minister that it was disorderly.

Chloe Smith Portrait Chloe Smith
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Thank you for your guidance, Madam Deputy Speaker.

I do hope that the other parties who supported today’s amendment have those high standards to which we all aspire. They will be able to judge clearly where they see politicking at play. I also hope that the House can judge that as clearly as was set out in the judgment of the Tower Hamlets case, which stated that the convicted perpetrators

“spent a great deal of time accusing their opponents…of ‘dividing the community’ but, if anyone was ‘dividing the community’, it was they.”

The judge went on to say,

“The real losers in this case are the citizens”.

As I have set out, the Government’s vision for UK democracy is a system that is secure, fair, modern, inclusive and transparent. We have a strong history; a robust constitution; a model of democracy that is copied around the world; a thriving tradition of campaigning and passionate public participation; and the highest standards of security, fairness and transparency.

The improvements in the Bill will raise confidence even further in our elections. They are reasonable, proportionate and carefully planned measures that command support and come from common sense. I commend the Bill to the House.

None Portrait Several hon. Members rose—
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Alberto Costa Portrait Alberto Costa
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Not at the moment.

I understand that the Government are open to further such agreements with other EU member states, and that is a most welcome prospect. It would mean that their residents and British citizens could benefit from future voting arrangements. As chairman of the all-party parliamentary group for Greece, I recently met the secretary-general of the Greek Ministry of Foreign Affairs, Ambassador Demiris, in Athens, and informed him of the UK Government’s offer to enter into bilateral agreements with EU states on the granting of mutual franchise rights in municipal elections, as envisioned in this Bill. I would welcome the Government writing to me to explain what measures they are taking to proactively encourage uptake of their offer to enter into such bilateral agreements.

Chloe Smith Portrait Chloe Smith
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indicated assent.

Alberto Costa Portrait Alberto Costa
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I think the Minister is nodding to suggest that she will write to me on that matter.

But the Government have gone further still. EU nationals who do not fulfil the qualifying criteria set by the Bill—for instance, those who have come to the UK post the implementation period completion date of 1 January 2021 and do not hold settled status, but who were elected into a public role as defined by the Bill in schedule 7—have the protection afforded by the provision of part 4 to continue in office for the period of their elected term. Again, this is a sensible, welcome measure to protect the rights of those EU citizens. I will be supporting the Government’s Bill, and I very much look forward to seeing these important rights finally enshrined into law.

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Robin Walker Portrait The Minister of State, Northern Ireland Office (Mr Robin Walker)
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I thank you, Mr Deputy Speaker, and all hon. and right hon. Members who have contributed this afternoon. It is a pleasure to once again take part in a full debate in this Chamber. May I take the opportunity to welcome the hon. Member for Chesham and Amersham (Sarah Green)? I congratulate her on a very gracious maiden speech and the kind tribute that she paid to her predecessor, who was a dear friend of so many on the Government Benches.

I welcome the opportunity to close this debate as the Minister with responsibility for elections in Northern Ireland, a part of our United Kingdom where photographic ID has been used successfully to support the integrity of elections for a number of years and where, thanks to legislation introduced by the last Labour Government with cross-party support in both Westminster and Northern Ireland, there is a higher degree of confidence in the integrity of elections than in any other part of the UK. One of the hon. Members from the SNP, who is no longer in his place, intervened to ask the Minister for the Constitution and Devolution about the evidence from Northern Ireland, and I want to talk a bit about that.

As we have heard, voters in Northern Ireland have first-hand experience of one of the measures at the heart of this Bill: the requirement to show photographic ID at polling stations. That requirement is an accepted and non-controversial part of elections in Northern Ireland that has been in place for decades and enjoys cross-party support. Although turnout in Northern Ireland is, historically, usually lower than in Great Britain, in the first election after the introduction of photographic ID, turnout in Northern Ireland was unusually higher than in England, Scotland or Wales.

Alec Shelbrooke Portrait Alec Shelbrooke
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We have heard a lot of spurious arguments today about voter ID. Was that not exemplified just now by the hon. Member for Putney (Fleur Anderson), who said that low turnouts favour the Conservative party? There was a 59% turnout in 2001. I would like to erase the history of Tony Blair, but I believe that he had a 166 majority.

Robin Walker Portrait Mr Walker
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My right hon. Friend makes a powerful point. Certainly, in my experience, the higher the turnout in my constituency, the higher my majority has turned out to be.

This measure in Northern Ireland has helped to prevent electoral fraud, and it has not affected participation. Labour Ministers said at the time of its introduction—I want to quote this in full—that the measures

“will tackle electoral abuse effectively without disadvantaging honest voters,”

ensuring

“that no one is disenfranchised because of them.”—[Official Report, House of Lords, 1 April 2003; Vol. 646, c. 1248.]

They added that

“the Government have no intention of taking away people’s democratic right to vote. If we believed that thousands of voters would not be able to vote because of this measure, we would not be introducing it at this time.”—[Official Report, 10 July 2001; Vol. 371, c. 739.]

I do not always agree with pronouncements from the Front Bench in the era of Blair and Brown, but in this case they were 100% right. There is no evidence that ID has negatively impacted turnout. Levels of satisfaction with the electoral process are usually slightly higher in Northern Ireland.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I endorse what the Minister has said. We as a party will be walking through the Lobby with the Government tonight to support the Bill. Photo ID has been a success for Northern Ireland. We can vouch for that. It has stopped fraud and corruption. I had a discussion with the Minister earlier. The RNIB has expressed some concerns about the legislation. Will he agree to meet the RNIB to discuss those concerns?

Robin Walker Portrait Mr Walker
- Parliament Live - Hansard - - - Excerpts

I am certainly happy to offer that meeting. My hon. Friend the Minister for the Constitution and Devolution mentioned earlier that she has had a number of meetings with the RNIB already and has been working with it, but she will continue to meet it as the Bill progresses, because that is vital. I am grateful for the hon. Gentleman’s illustration of the support for this measure in Northern Ireland.

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

Brendan O'Hara Portrait Brendan O'Hara
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It is on that point.

Robin Walker Portrait Mr Walker
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I will address the point that the hon. Gentleman’s party raised. One survey, conducted by the Electoral Commission in 2009 under the last Labour Government, just a few years after the introduction of photographic ID in Northern Ireland, found that 100% of respondents in Northern Ireland experienced no difficulty with presenting photographic ID at polling stations. As part of its post-election questionnaire in 2019, the Electoral Commission reported that 83% of voters in Northern Ireland found it very easy to participate in elections, as opposed to 78% across Great Britain, including, of course, Scotland.

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

Can I just clarify whether the Minister is drawing a clear and direct parallel between the situation in Northern Ireland in the 1990s and the situation in the United Kingdom in 2021? Is there a clear and direct parallel that joins the two that explains this legislation?

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Robin Walker Portrait Mr Walker
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The hon. Gentleman should want us to learn from what works in one part of the UK for the whole of the United Kingdom. I am very pleased to see the United Kingdom aligning further, with Northern Ireland leading the way as Great Britain takes forward a measure to protect the integrity of elections, which has been tried and tested to great effect in Northern Ireland.

Some of the wider claims we have heard in today’s debate are simply not borne out by the experience of Northern Ireland. They echo some of the scaremongering when this Government successfully introduced individual electoral registration. Many Opposition Members cried that that would result in mass disenfranchisement, but we saw the effect in the last UK general election, when a record number of people were registered to vote. The Minister for the Constitution and Devolution, one of the hardest working Ministers with whom I have had the pleasure to work and herself no stranger to Northern Ireland, excellently articulated the reasonable and considered approach we are taking across the Bill.

We heard a number of very powerful speeches in support of these measures from my hon. Friend the Member for South Thanet (Craig Mackinlay), my right hon. Friends the Members for Scarborough and Whitby (Mr Goodwill), for North Thanet (Sir Roger Gale) and for Basingstoke (Mrs Miller), my hon. Friends the Members for Wycombe (Mr Baker), for Southport (Damien Moore), for Leigh (James Grundy), for Bolsover (Mark Fletcher), for South Leicestershire (Alberto Costa) and for South Cambridgeshire (Anthony Browne), my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke), and my hon. Friends the Members for Gedling (Tom Randall), for Keighley (Robbie Moore), for Newcastle-under-Lyme (Aaron Bell), for Peterborough (Paul Bristow) and for Broadland (Jerome Mayhew).

I want to try to answer some of the points that have been raised and some of the questions that have been put to me in Members’ contributions. Before I do, however, I think it is worth reflecting on the work undertaken to get to this point and the long pedigree of some of the measures in the Bill. This is not just a product of the Government or the Cabinet Office; it has been inspired, informed and enhanced by the input of a wide variety of organisations and individuals. We are grateful to a number of parliamentary Committees, many of whose thoughtful contributions are reflected in the measures and some of whose Chairs we heard from in today’s debate. To highlight just a few individuals, the important contribution of Lord Pickles has been critical in understanding the very real risks and challenges our electoral system faces. Similarly, the reports by colleagues in this House, as well as by the House of Lords Select Committee on Democracy and Digital Technologies, have highlighted key considerations, from the need for more transparency in areas of digital campaigning to political finance.

Along with the valued contribution of the electoral sector experts, I know the Minister for the Constitution and Devolution has been meeting a wide range of organisations in the voluntary and community sector, which have raised some important points and will play a vital role in ensuring that the detail that will be developed in secondary legislation will meet the needs of all those who manage and use our electoral services. In particular, she is committed to continue engagement with people with disabilities, other minority groups and some of the key groups of vulnerable people who have been all too often, as my hon. Friends the Members for Wycombe and for Bolsover pointed out, the major victims of electoral fraud.

I want to turn to some of the specific questions that have been asked. The hon. Member for Putney (Fleur Anderson) and her colleague the hon. Member for Erith and Thamesmead (Abena Oppong-Asare) asked about an impact assessment. I would direct them to the 21-page equality impact assessment and the 120-page impact assessment published alongside the Bill.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) and the hon. Member for Lancaster and Fleetwood (Cat Smith) asked about the recommendations of the Committee on Standards in Public Life. I welcome the report published by the Committee in July. As the Minister for the Constitution and Devolution said, the recommendations will be given full and proper consideration, and the Government will respond. In fact, I should point out that we are bringing forward measures in the Bill which are closely linked to recommendations made in that report, such as a new requirement on political parties to declare their assets and liabilities over £500 on registration, and a restriction of third-party campaigning to UK-based or otherwise eligible campaigners.

My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) made a powerful speech, as he always does. Like many on the Government Benches, I happen to disagree with him on this particular one, but let me point out that the Government research he quoted also found out that 98% of people across the age groups have access to accepted forms of photographic ID already, 99% of people from ethnic minority groups have that level of access, and 99% of those aged between 18 and 29 already have an acceptable form of photographic identification.

The hon. Members for Ceredigion (Ben Lake) and for Cynon Valley (Beth Winter) asked about important issues of engagement with the devolved Administrations. Devolution means that we already have different arrangements for devolved and reserved elections. We do engage regularly and I can offer him the reassurance he sought that the strategy document will not undermine the partnership between the Electoral Commission and the devolved Administrations.

There are many other points that I would like to address, but I will not have time. Let me conclude by thanking hon. Members for all their valuable contributions. The Bill will place British citizens’ participation at the heart of our democracy and will keep it modern, secure, transparent and fair, so that our democracy can continue to thrive. I know that my hon. Friend the Minister for the Constitution and Devolution will do an excellent job of steering it through Committee, and I look forward to a lively debate in the next phase of its passage. I commend the Bill to the House.

Question put, That the amendment be made.

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18:59

Division 60

Ayes: 230

Noes: 329

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

Division 61

Ayes: 327

Noes: 228

Bill read a Second time.