Elections Bill

(Limited Text - Ministerial Extracts only)

Consideration of Commons amendments
Wednesday 27th April 2022 Lords Chamber

Moved by

[Lord True]

That this House do not insist on its Amendments 22 and 23 and do agree with the Commons in their Amendments 22A to 22I to the words restored to the Bill by the Commons disagreement to Lords Amendment 22 and in their Amendments 23A to 23K in lieu of Lords Amendments 22 and 23.

22A: Page 21, line 13, at end insert—
“(3A) The statement must not include provision in relation to elections, referendums and other matters so far as the provision would relate to the Commission’s devolved Scottish functions or the Commission’s devolved Welsh functions.”

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23K: Page 25, line 29, leave out “4C(3)(b)” and insert “4C(3D)(a)”

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, with the leave of the House, I will also speak to Motion B.

On Motion A, the Government have listened with respect to your Lordships’ concerns but they consider the measures in these clauses necessary and to take a reasonable approach to reforming the accountability of the Electoral Commission, while respecting their operational independence. Much concern has been expressed about the duty to have regard. The Government’s firm view is that this duty will not allow the Government to direct the commission’s decision-making, nor will it undermine the commission’s other statutory duties. However, while the other place has by a large majority reinstated Clauses 14 and 15, we have listened carefully and respectfully to the concerns expressed. I have also had the pleasure of meeting the noble and learned Lord, Lord Judge, and others, and consulted colleagues in government. As a result of these conversations, and in a sincere effort to address the concerns raised by your Lordships, my colleague in the other place, Minister Badenoch, also tabled government Amendments 23A to 23K in lieu, which were accepted by the House of Commons. I will briefly outline them.

Amendment 23 underscores the independence of the commission by requiring the Secretary of State, when preparing a statement, to have regard to the duty placed on the commission by Section 145(1) of the Political Parties, Elections and Referendums Act 2000, to monitor and ensure compliance with the rules set out in that Act. Further, this amendment would prohibit the statement from including any provision about specific investigatory or enforcement activity.

Amendments 23C to 23H, 23J and 23K provide for enhanced parliamentary scrutiny of a statement—another thing your Lordships have asked for—that has been subject to statutory consultation by providing both Houses with a supplementary opportunity to consider the draft statement and make representations before it is laid for approval. The amendments also make consequential changes to Clause 14.

Furthermore, Amendments 23B and 23I would require the Secretary of State to publish a response to the statutory consultation on the statement, and to respond publicly to a request for the statement to be revised that comes from the Speaker’s Committee on the Electoral Commission.

Taken together, the Government believe that our amendments, in addition to provisions already built into Clause 14—but which I accept failed totally to persuade your Lordships—should now put beyond doubt the question of whether the Statement could be used to unduly influence the commission to take a particular course of action in its investigatory or enforcement activity.

Turning to the amendments tabled by the noble Lord, Lord Judge, the Government do not, respectfully, share the view that it is necessary to clarify in the law how the duty to have regard to the statement will be interpreted. I was pleased to have the opportunity to hear the noble and learned Lord’s views, and I know he has discussed those also with officials. The Government do not agree with the proposal to amend the provisions to expressly state that the commission would not be bound to follow the statement when carrying out its duty to have regard to it. The duty to have regard works in similar ways to other existing statutory duties without the need for such language as proposed in the noble and learned Lord’s amendment to be included. Any further elaboration of this duty might have unwanted implications for how the many other duties to have regard that appear on our statute book should be interpreted. For these reasons, it is simply not a proposal that the Government can accept and I urge the House to reject it.

The Government do not agree either with the proposals from noble Lords which would require Ministers on the Speaker’s Committee on the Electoral Commission to recuse themselves when the committee considers how the commission has discharged its duty to have regard to the statement. Executive representatives have always had a role in the parliamentary oversight of the commission via the committee, which, set in the context of the overall framework, is entirely appropriate. Furthermore, the Speaker’s Committee, not the Government, determines its own procedures. Therefore, it would not be appropriate to impose legislative constraints on the operation of the committee in this way. This is rightly left to Members of the other place to consider. For these reasons, the Government also oppose this amendment and respectfully urge the House to reject it.

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[Baroness Hayman of Ullock (Lab)]

My Lords, in his opening remarks, the Minister talked about the post-legislative scrutiny that is going to be on the face of the Bill and said that this would include reviewing and monitoring further forms of acceptable ID. He mentioned that the Bill includes the provision to add further acceptable forms. We welcome that. I hold the noble Lord, Lord Willetts, in the highest regard and thank him for pressing the Government in his previous amendment on the importance of furthering the number of IDs that can be used.

Having said all that, we believe, as the noble Lord, Lord Rennard, said in introducing his amendment, that the Government have simply got it wrong on requiring voter ID to be presented at polling stations. We are disappointed and unhappy that there has been absolutely no movement whatever from the Government on this and that they have not wished to include any further accepted forms of ID in the Bill. If the Bill moves forward on ID as it stands, will the Minister provide assurances as to how the requirements for photo voter ID will be introduced, how local government will be supported, and what mitigations will be put in place to ensure that no elector will be disfranchised as a result of the Bill?

We very much welcome the amendments in the name of the noble and learned Lord, Lord Judge, on the Electoral Commission. There is clear concern, right across this House, about the undermining of the independence of the Electoral Commission. I will not go into any detail because we need to move on. The noble and learned Lord clearly laid out why there are still deep concerns in this House. The small amendments that he has offered would resolve these issues and greatly strengthen the Bill before it reaches the statute book. We agree wholeheartedly with what the noble and learned Lord, Lord Judge, is trying to achieve and support his decision to ask the other place to think once again on what is a matter of extreme constitutional importance.

[Lord True (Con)]

My Lords, for the convenience of the House—I know it is late and I have made my arguments and placed them before your Lordships—but I was asked a couple of specific questions.

In response to the queries of the noble Baroness, Lady Lister, there has been correspondence with her and officials through the list of organisations that we consulted. We have affirmed that there is and will be ongoing consultation as part of the implementation programme. I can certainly say in the House that we will undertake to continue to consult the organisations that have been discussed as we go forward. I can give her that assurance.

One thing raised in the debate was that the noble Lord, Lord Carlile of Berriew, said that we were doing this because of Prorogation. That was something injected into the debate by another Member of your Lordships’ House. I remain at the disposal of your Lordships. If noble Lords wish to be here again and again on this matter, I will rise to respond. The matter referred to is immaterial.

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20:18

Division 3

Ayes: 181

Noes: 202

Motion A agreed.

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Moved by

[Lord True]

That this House do not insist on its Amendment 86, to which the Commons have disagreed for their Reason 86A.

86A: Because the Commons consider the requirement to provide adequate photographic identification to be the most effective means of securing the integrity of the electoral system.

[Lord True (Con)]

My Lords, I have already spoken to Motion B, so I beg to move.

Motion B1 (as an amendment to Motion B)

Moved by

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20:31

Division 4

Ayes: 150

Noes: 208

Motion B agreed.