Elections Bill

Debate between Baroness Chakrabarti and Lord Adonis

Lords Hansard - Part 1 & Committee stage
Monday 21st March 2022 Lords Chamber

[Lord Adonis (Lab)]

The issue that I hope the Minister will address, and which goes to the heart of my noble friend’s Amendment 64, is that he said when he replied to me earlier that, under paragraph 2 of Schedule 1, it will be possible for people to apply at the same time. However, if we want to minimise bureaucracy, surely, we want to make it a requirement that they be able to apply at the same time, which certainly is not part of that paragraph. My reading is that it could be covered by the regulations

“about the timing of an application for an electoral identity document”

in new Clause 13BD(4), as proposed by paragraph 2 of Schedule 1. But obviously, the way to ensure that it is possible, that we minimise bureaucracy and that we do not have an impact on turnout is for the Minister to accept my noble friend’s amendment or give an undertaking from the Dispatch Box when he comes to reply—so that he has time to commune with his officials—that the regulations will provide that electors can apply at one and the same time to register to vote and for the electoral identity document.

[Baroness Chakrabarti (Lab)]

To save multiple interventions on my noble friend, I just want to say this: it is all very well to say “Perhaps this will all be dealt with in regulations” so long as the vires—the power—in the schedule is broad enough to allow for regulations enabling people to apply to be registered and have one of these government-provided ID documents. However, I have read paragraph 2 of Schedule 1 and what it proposes. New Clause 13BD(1)(a), which is headed “Electoral identity document: Great Britain”, says that an application for an electoral identity document may be made by a person who

“is or has applied to be registered”.

That begs the question of whether these things can be done simultaneously. If these regulations will allow for an application only when someone is already registered or has already applied to be registered, that appears to leave out the group to which my noble friend Lord Adonis refers: people who are applying to be registered but know that they do not have a relevant document and want to make one application, rather than two applications at different times.

I am sorry to labour that point but I think it might be helpful to the Minister to hear that concern so that he can deal with it in one go later on.

--- Later in debate ---

[Baroness Chakrabarti (Lab)]

The noble Lord made a thoroughly compelling speech, as did the noble Lord, Lord Willetts. As he is from my side, so to speak, I point out that I have a more fundamental objection than he does to a compulsory ID of whatever kind for our citizens. Because he has been supportive—to some extent, I am tempted to be of the approach of the noble Lord, Lord Willetts—can I put to him the question that I tempted the noble Lord, Lord Willetts, with earlier? If we are looking at safeguarding on the face of the primary legislation some categories that we believe will be accessible to people, but also looking at broadening these categories so that no one is deliberately or accidentally disenfranchised, what about simple debit cards?

I am playing devil’s advocate against myself because I spoke against clause stand part, but I am playing the game and trying to be constructive. It seems to me that there would be two tests—would there not?—for broadening the types of identification that we would put on the face of the legislation so that people could relax as we go forward.

The first test would be that this is documentation—a card, or whatever—that is ubiquitously available, and people have it already. Therefore we would not be putting in too many hurdles or obstacles. People have it already; ideally, they carry it around rather a lot, and it is not buried away in the attic or some other place so safe that it would be annoying to go looking for it. The second test would be that it is a reasonably secure document or object. Otherwise, if it is too easy to forge with a photocopier, what is the point?

If I am right about those two tests of security and broad availability, it seems to me that the simple banking card comes first on both criteria. It is, by definition, a very secure thing. That does not mean that it cannot be forged or stolen, but it is so ubiquitous—and used by people daily—that if someone loses it or it is pinched, they will report that immediately. They will not fail to notice that their bank statement, which was sitting on the doormat for three weeks, was lifted by their flatmate—if we really think that is going to happen. The bank card is very secure and is treasured by people, it is in ubiquitous supply in the broad community, and it is taken everywhere, whether to vote or not. There are also all sorts of incentives to protect its security. I put that to my noble friend, as I did to the noble Lord, Lord Willetts—and of course I am putting it to the Minister as well. If we are really serious about saying that this is nothing to do with putting hoops and hurdles in people’s way, why would this not have been thought of at the very outset?

[Lord Adonis (Lab)]

My noble friend makes a compelling point, which is really a point for the noble Lord, Lord Willetts, as he constructs that amendment that I very much hope he will bring back on Report, having taken account of this debate.