Procurement Bill [HL]

Debate between Baroness Hayman of Ullock and Lord True

Committee stage
Wednesday 13th July 2022 Grand Committee

[Baroness Hayman of Ullock (Lab)]

Oh, the noble Baroness is there; I was looking for her in the place in which she sat on Monday. She moved, just to confuse me. This is the trouble with picking things up later.

The noble Baroness rightly said that meeting net zero is a government-stated objective and we believe, as she does, that this should also be an objective within the Procurement Bill. It could make a genuine difference, should that be something that needs to be taken account of. We also support those noble Lords who said in the debate that this helps to meet the levelling-up agenda as well as achieving net zero.

We know that social value is included in the NPPS—the national procurement policy statement—so I ask the Minister: if it is in the policy statement, why is it not referenced in the Bill? It concerns me that the policy statement can be changed at any point, so not having it in the Bill and just having it in the statement means that it is not absolutely embedded within the legislation. I will briefly mention that, between 2012 and 2020, there was no statutory guidance on social value. This inhibits its development, so we need to ensure that this does not happen in future.

I express strong support for Amendments 49 and 58 in the name of the noble Baroness, Lady Worthington, which are about climate and environmental matters and the importance of having these based within the Bill. She also said that “public benefit” needs further clarity, so I must ask again: does “public benefit” include environmental outcomes? It would be helpful to have further information on this. The noble Baroness, Lady Parminter, spoke importantly about the fact that using procurement in this way is an opportunity to drive behaviour change, because we are not going to achieve the Government’s net-zero objectives without behaviour change.

Amendment 45 in the name of the noble Lord, Lord Wallace of Saltaire, specifies a number of overarching requirements that a contracting authority must take due regard of when carrying out procurement. We support the main points that he made—particularly, as well as the carbon account, the ethical and human rights record of the supplier, as he said. I know that we will talk about this in a later debate, but that is important.

Amendment 53 in the name of the noble Lord, Lord Lansley, which the noble Baroness, Lady Noakes, introduced, again talked about defining “public benefit”. I think that the Minister can see that this is not party political: right across the Committee there is concern about what “public benefit” means and what it is going to deliver as part of the Procurement Bill. The noble Lords, Lord Wallace of Saltaire and Lord Purvis, also tabled amendments on this issue.

I finish by briefly mentioning an interesting briefing that I had from UKCloud. I do not know if other noble Lords have received it, but it is about the importance of maximising social value through procurement in the world that UKCloud works in—the cloud providers—and how doing so would be consistent with wider net-zero policy aspirations. UKCloud feels that it is important to support businesses in this country that are providing those kinds of platforms and support and that the sector can lead in the provision of clean, green technologies, which can help to digitise and decarbonise users of its services. It also believes that, if the sector got that kind of support from government, UK businesses would have the opportunity to really innovate and become leaders in this field. I found that an interesting briefing. If the Minister has not seen it, I would be happy to share it with him, because it had some interesting thoughts in it. The briefing also said that UKCloud feels that weighting should be given to make sure that cloud providers for the UK Government are paying their taxes in full on all earned income in the UK—that is an important point—and that they should have a clear and measurable track record of investing in local jobs and skills. The briefing has some interesting points about how procurement could help its particular type of business. I finish there and I look forward to the Minister’s response.

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

I thank the noble Baroness and all those who spoke on this group on our previous day in Committee. It was obviously unfortunate that we could not finish this group then, but I am grateful to all noble Lords, including those who were here on Monday who are not able to be here today. It has been an interesting debate and I think that we will wrestle with the philosophy of this as we go forward. I have been interested in the contributions made.

I am constantly asked to define “public benefit”. One of the reasons why we have different political parties in this country and why politics has evolved is that, at different times, different people define it in different ways. The search for a total, accurate, 100% agreed definition that covers every possible eventuality may be an illusion. However, I understand that noble Lords are saying that they feel that there needs to be more clarity. No doubt we will continue this conversation on other amendments to come.

I was interested in this debate. As he knows, I have very considerable affection and enormous respect for the noble Lord, Lord Hunt of Kings Heath—it is very easy to say in this House that you have very considerable affection for somebody, because we are such a nice lot; I think generally we do mean it—and his experience. He said something very interesting. Having argued for his amendment, he said that this Bill would finish with something akin to what he wanted in it and that it would do that because it was a Lords starter.

The only way to interpret that is that the noble Lord would advocate using the power of the House of Lords to force the elected Government to include something in a Bill that they did not wish to include, in their judgment and in the judgment of the House of Commons. That is a perfectly legitimate point of view, but I was interested to see that the noble Baroness from the Labour Front Bench had signed that, as she just reminded us, and expressed her support for what the noble Lord, Lord Hunt, had said. Perhaps I should take this away and tell my friends that if ever there is a Labour Government, it would be reasonable for the unelected House to hold up Labour legislation indefinitely on a Lords starter in order to force change.

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[Lord True (Con)]

The noble Lord always slightly loses me when he rides off in his speeches. I have a vision of him lying awake, trying to get to sleep, thinking of these terrible right-wing Conservatives whom he always cites and seeing the worst in everything. I thought that the great tradition of the Liberal party and liberal values, which I was brought up with and adhere to, is to give space to variety and not uniformity; there should be flexibility, with opportunities for local judgments and for contracting authorities to make them. The concept of public benefit is wide and flexible and should be so to give contracting authorities a degree of discretion to consider whether their specific contracts can deliver greater benefits than they otherwise would.

For example, contracting authorities are already able to make it clear in their technical specifications that fair trade options can be included in the products provided to meet the requirements of the contracts, provided that they do not discriminate against other products of other suppliers. The noble Lord objected to the mention of the terrible word “money”, but public procurement needs to have a focus on achieving value for money. The two things are not contradistinctions.

While I would expect contracting authorities to consider these matters where appropriate, it would not be helpful to elaborate them in the Bill, for the reasons that the Government have submitted, as they would not apply to all contracts. The course that the other side is proposing will lead to a uniformity imposed on a diversity, which is the antithesis of local values. I respectfully request that these amendments be withdrawn.

[Baroness Hayman of Ullock (Lab)]

Just before the Minister sits down, I really do not think that that is what we are trying to achieve. It is just to try to bring in a definition of something. If you have an objective laid out, without proper understanding of what the phrase is trying to achieve or what it means, it could be quite confusing. All we are trying to get is some clarity on what is meant by “public benefit” and what the Government are trying to achieve by having it as an objective. I have no problem with there being flexibility around this—that is important in procurement—but, as the noble Lord, Lord Wallace, said, we need some sort of guidance. If the Government do not want to put a definition in the Bill, some guidance underpinning it, on what this is looking at and what the Government are trying to achieve, would be extremely helpful.

[Lord True (Con)]

My Lords, in a sense, it depends where the straitjacket applies and where flexibility is enabled. We will come on shortly to debate the national procurement policy strategy and I gleefully anticipate that that will be another zone of contention in our Committee, to which many of your Lordships will want to add more and more things. The noble Lord, Lord Coaker, was enthusiastic about the national procurement strategy at the opening of our proceedings and it is something that an incoming Government would be able to change and mould. Maximising public benefit is an important objective of the Bill.

Procurement Bill [HL]

Debate between Baroness Hayman of Ullock and Lord True

Committee stage
Wednesday 6th July 2022 Grand Committee

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Wallace of Saltaire, for tabling these amendments in the first place, and I thank those Members who put their names to them. It is important that we have had the opportunity to debate the report produced by the Delegated Powers and Regulatory Reform Committee, a report that the noble Lord, Lord Blencathra, described as a scorcher. I think we all agree that there is a lot in here of great concern, and it is very important that we have spent this time going through it. I also thank members of the committee for the work they did in going into such detail on this very complex Bill, to draw our attention to their serious concerns and the problems that we need to look at and resolve.

I will not go into a great amount of detail. Other noble Lords have talked about the detail of the report so there is no point in my repeating that. I will just draw the Committee’s attention to a few things. My noble friend Lord Berkeley started the debate by expressing his concerns about the broad range of powers—the Henry VIII powers, as they are described—and other noble Lords have talked about their concerns about them. The noble Baroness, Lady Neville-Rolfe, felt that some of them were potentially dangerous. If noble Lords’ concerns are that strong, it is really important that we look at how to address them. She drew attention to a number of particularly damning paragraphs. There was also talk about the fact that a large number of clauses should be subject to the affirmative procedure rather than the negative one, and of course we absolutely support that.

I draw the Grand Committee’s attention to paragraph 60 of the report, which was the one that struck me in the context of the way that a lot of Bills, legislation and policy development have been happening recently. If noble Lords will bear with me, I will read it out. Talking about Clause 109, it says:

“This is, in effect, a skeleton clause as the real operation of the exemption process is to be left to regulations. We are very concerned that the Government appears to have chosen this approach for no other reason than that it hasn’t yet developed the underlying policy.”


That gives me great concern because it seems almost to be becoming the norm, and it is not the right way to go about making regulations and legislation. The DPRRC then talks about its Democracy Denied? report, which the noble Lord, Lord Blencathra, mentioned, and says that

“we drew attention to the issue of the inclusion of powers in bills which were, in effect, ‘a tool to cover imperfect policy development’. We said this was unacceptable and that we looked to the Government to undertake the systemic reforms necessary to prevent its happening. It is disappointing to find evidence in this Bill that this issue has not been addressed.”

That was the only further concern that I wanted to draw the Committee’s attention to today. A number of us have worked on a lot of Bills now, and there is a worrying lean towards this lack of policy development before Bills are drawn together and published. That is often why the Bills then come into so many difficulties. It would be better if all this was sorted out much earlier, so that we all knew where we were and could understand and better support the Government in producing good legislation. Some very interesting questions have been asked, including a very specific one from the noble and learned Lord, Lord Hope of Craighead, and I look forward to the Minister’s response.

[Lord True (Con)]

My Lords, I thank all those who have spoken. I take seriously the gravity of the remarks made. I assure my noble friend Lord Blencathra, whose chairmanship of the committee was distinguished—he can speak even more freely now that he is no longer in that role—that while I did not catch the names of all the individuals that he asked me to refer his remarks to, I will make sure that that is done as he requested.

On the question raised by the noble and learned Lord, Lord Hope of Craighead, it is a matter of regret —we discussed this on the first day—but the Scottish Government have declined to be part of this legislation. They do not wish to be. They wish to pursue their own course and obviously that is why they are omitted from the definition of an appropriate authority under the legislation. It would be odd if they were an appropriate authority to alter legislation which they declined to take part in. That is the explanation.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Consideration of Commons amendments
Wednesday 27th April 2022 Lords Chamber

[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.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Report stage
Monday 25th April 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, we very much welcome these amendments. We thank the noble and learned Lord, Lord Judge, for tabling them and for his excellent and clear introduction on his concerns about the implications of leaving these clauses in the Bill. I will be brief, as he and many other noble Lords made excellent speeches today.

We have made it extremely clear on previous stages of the Bill’s consideration that we are extremely concerned about its intention to make provisions for a power to designate a strategy and policy statement for the Electoral Commission, drafted by government. As other noble Lords have said, this would allow political interference in the regulation of our elections and calls into question the independence of the Electoral Commission from government and political control. This simply cannot be allowed to happen. It is a dangerous precedent. If we look at similar democracies such as Canada, New Zealand or Australia, there is always a complete separation between government and the electoral commission. It is essential that our regulatory framework strikes the right balance between upholding the independence of the Electoral Commission and ensuring it is properly scrutinised and held to account. The noble Lord, Lord Hayward, made some good points about the fact that we need to look at how it operates, but this is absolutely not the way to go about it.

I remind those noble Lords who have said that this is not of any concern that new Section 4B(2) in Clause 15 says that:

“The Commission must have regard to the statement when carrying out their functions”—


“must”, not “may”. That is what really concerns us. We have had many excellent speeches, so I urge the Minister to listen very carefully to what has been said in the defence of our democracy. That is what we are talking about. We fully support these amendments and urge other noble Lords to do the same when this is put to the House.

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

My Lords, I have not detected universal enthusiasm for these clauses in the debate, but I will seek to persuade your Lordships that they should remain. Of course, in remaining, one of the things they do is provide a basis for further discussion.

Your Lordships’ House is a revising Chamber, but we do not have here amendments to revise. These amendments would simply remove clauses on the basis of arguments which, in my submission, are exaggerated in their concerns, although I understand and share the concerns for democratic responsibility and respect. We have even heard several threats to kill the whole Bill. I must remind noble Lords that this is a Bill that prevents election fraud and abuse; introduces the first controls on digital campaigning; cracks down in many ways on foreign spending; and improves the integrity of postal voting. These are matters which have wide assent across the Chamber and across both Houses. It would not be wise or proportionate for your Lordships to consider killing those proposals on the basis of this particular issue.

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[Lord True (Con)]

My Lords, again, I think that is a false question. In our democracy an independent person is entitled to stand in a constituency, for a cause that he or she believes in, and may choose to fund that campaign. Nobody else may want to give any money. That would be an example of 100% funding of a campaign by a small campaign or individual. There are complexities here, and the fundamental position to stand on is that in free democracy, people should be able to make a contribution of whatever sort they choose, provided it is permissible and legal.

[Baroness Hayman of Ullock (Lab)]

My Lords, it has been very clear from the debate we have just had and the other amendments that have been discussed, as well as my Amendment 63, that there are some really broad concerns about political donations, electoral finance and the procedures and systems that underpin and manage this. I urge the Government to take away those concerns more broadly and consider how they may be addressed in the future.

In response to the noble Lord, Lord Butler of Brockwell, I thought I had made it really clear, both in Committee and in my opening remarks today, that we are very concerned about the potential for dirty money infiltrating and influencing our political system. If I was not clear, I am very happy to confirm that we do have those very deep concerns.

I thank the Minister for his very detailed response, but I disagree with him that the Bill makes it harder to make overseas donations. Instead, our concern is that part of removing the 15-year limit actually makes it easier for people from foreign locations to donate to our political system. We are concerned that often it allows very wealthy donors unlimited access to our democracy, through what we could see to be unprecedentedly large donations. That is our big concern with this and why we have put this amendment forward. To avoid that kind of outside influence in our democracy, the right to make those kinds of donations should be reserved for citizens actually living in this country.

As I say, I thank the Minister for his detailed response, but do not believe he has addressed the real concerns expressed by us and other Members who have taken part in the debate. Therefore, I wish to test the opinion of the House on my Amendment 63.

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[Lord Rennard (LD)]

My Lords, elections and donations are about choice. People who have non-dom status choose not to pay their tax here and, while they have this status, they live abroad for more than nine months of the year. The fundamental question raised by this amendment is: should they be able to donate the perhaps millions of pounds which they save in taxes by being non-doms to a political party, for example, which might want to preserve that beneficial tax status for them? In other words, we might connect the two principles of being able to give millions to a party and benefit by not paying millions which other people might consider are owed in taxes.

There are a number of occasions in our debates when we say that what we are doing is asking the other place to think again. However, we are not, on this principle, asking the other place or even this House to think again. The legislation which said that non-doms should not be able to donate to political parties was passed by both Houses in 2009. So we are not asking anyone to think again; we are simply asking for the legislation, passed with the approval of both Houses, to be implemented. Since 2010, various excuses have been put forward as to why this has been supposedly difficult or impractical, even though it was approved by Parliament. Essentially, the excuse provided is that the HMRC says, “Well, all tax issues are confidential, so you can’t implement this”. However, a form of declaration accompanying any donation, saying, “I am not a non-dom, so I am entitled to donate”, might well suffice and fit the bill. If you were making a false declaration, that could be an offence.

However, I do not really accept the HMRC’s argument—or rather, the Government’s argument put forward on behalf of the HMRC. For example, when Parliament said that if you are a higher-rate taxpayer, you should not benefit from child benefit—which I think was a fair measure—you needed to sign a declaration to the HMRC saying, “Someone in this household pays a higher rate of tax, so I can’t receive child benefit”. Why, therefore, can you not sign a declaration saying, “Someone in this household is a non-dom and therefore cannot donate to a political party”?

This debate is really about some of the fundamental parts of the Bill. The extension of the right to vote beyond 15 years is not really going to extend voting rights for very many people. For the reasons I outlined at Second Reading and will not go through again, the postal vote system, needed by most people who vote overseas, is so slow that very few votes would count in a general election. However, through this Bill the ability to donate unlimited amounts of money is being extended to a lot of people, including non-doms. A little earlier today, when discussing a technical aspect of the Bill, the Minister kindly confirmed that the Government’s position is very much to maintain a level playing field at local constituency level and nationally. However, I do not believe that this is happening. This extension of the right to vote is more about the right to donate, and should not be applied to non-doms.

In December 2020, the Government said that they wanted to increase the national expenditure limits for political parties in a general election “in line with inflation”. In 2000, Parliament agreed that there should be a level playing field between the main parties in elections. The principle was very much that it had to be a level playing field, not that each of the parties should be able to spend up to £20 million. If we increase that £20 million limit, or thereabouts, by the rate of inflation since 2000, that is a 79% increase. Therefore, the national expenditure limit, if increased in line with inflation since 2000, would go up for the Conservative Party, for example, from almost £20 million to almost £36 million. Where is that extra £16 million going to come from? Much of it will come from overseas donors, many of whom are non-doms. I do not think that this appeals to the British sense of fair play, and it should not happen.

[Lord True (Con)]

My Lords, I fear that I am not going to be able to allow the noble Baroness to remain in her seat for the rest of the evening. The Government cannot agree to these provisions, which seek to bring into practice a provision from the 2009 Act regarding donations from non-resident donors. Noble Lords will recall that in Committee, my noble friend Lord Howe replied to the approach of the noble Lord, Lord Rennard, on this same uncommenced provision.

The Government’s position on the matter remains unchanged, but it is important briefly to place on record the reasons why. The Government have no current plans to bring into force the uncommenced provision, Section 10, regarding donations from non-resident donors. It would be extremely difficult to make the provision work, as the Electoral Commission warned in 2009 when the Bill was going through Parliament. The coalition Government, in which the noble Lord, Lord Rennard, was influential, did not implement it between 2010 and 2015. The fundamental issue is that it is not workable, given that an individual’s tax status is subject legally to confidentiality. It would therefore be difficult or even impossible for the Electoral Commission, political parties, which would face fines for this, and other campaigners accurately to determine whether a donor met the test set out in Section 10.

I acknowledge that the Labour Party has come forward. I do not wish to get into a debate about the Labour Party’s fiscal proposals—that is slightly outside the scope of the Bill—but I know that Sir Keir will send a thank you letter to the noble Baroness for having raised this issue. Our principle, basically, is that taxation is not the basis of enfranchisement in the UK. As a British citizen is able to vote in an election for a political party, they should be able to donate, subject to requirements for transparency in donations, which we have discussed. There is also a precedent whereby those who do not pay income tax rightly remain entitled to vote. A lot of low-paid people do not pay income tax, but they have a legitimate right to vote. I know that perceptions differ on this issue. I remind the House that on two occasions, in 2009 and 2013, the Electoral Commission warned about the practical implications of the policy. For these reasons, and because of the duty of confidentiality in taxation, which would have to be overridden by other legislation, the Government cannot support the noble Baroness’s amendment.

[Baroness Hayman of Ullock (Lab)]

I thank the noble Lord, Lord Rennard, for his support and for his excellent speech. I thank the Minister for his response, although I am sure he will not be surprised to hear that it is not a response that I am particularly happy with or happy to accept. This issue has concerned a lot of people in recent weeks and months, and the Government need to take the position of non-dom status very seriously and look at it again. On that basis, I would like to test the opinion of the House.

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[Lord True (Con)]

My Lords, I shall speak also to Amendment 69D. I believe both amendments are significant to the House and I hope it will reflect on their importance, because I know there are aspects of the Bill that have concerned Members on all sides of the House. The amendment establishes a statutory duty for post-legislative scrutiny of the Bill, something that has been asked for, certainly by the noble Baroness opposite.

We had believed, and I maintain, that it is standard practice to conduct post-legislative scrutiny of Acts following Royal Assent, but we have listened to the strength of interest in guaranteeing that scrutiny takes place which will go across the Bill and we have tabled this amendment requiring the Secretary of State to prepare, publish and lay before Parliament a review of the operation of this legislation, not less than four and not more than five years after it receives Royal Assent—in other words, in good time. We judge that this amendment supports the commonly shared aim of this House, and answers the recommendation made by PACAC, that the impact of the measures be assessed following implementation of the Bill.

The amendment also sets out that a report by the Secretary of State will need to be set before Parliament to allow debate and scrutiny of the operation of the Act, as your Lordships have asked. Amendment 69D is a minor and technical amendment necessary to state the territorial extent of paragraphs 25 and 26 of Schedule 1. I hope the House will understand that I wish to place on record in Hansard that I think this is a significant proposal from the Government which will allow and ensure statutory consideration and examination of the Bill as a whole if it is given Royal Assent. I beg to move.

[Baroness Hayman of Ullock (Lab)]

My Lords, in Committee I tabled Amendment 205 to ask the Government to include in the Bill a statutory commitment to post-legislative scrutiny of the Bill, as recommended by PACAC. I want to say very briefly how much I welcome the amendments that the Minister has just introduced and to thank him very much for listening to my concerns and the concerns of other Members of this House about the lack of pre-legislative consultation or scrutiny. The fact that this has been included in the Bill is extremely welcome.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 1 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

I will be very brief, because we need to make progress. I just say that, clearly, we are aware that there have been issues with postal vote fraud, and it is important the Government do everything they can to tackle this. However, I understand the concerns so clearly laid out by my noble friend Lady Quin, who makes some good points about potential unintended consequences of these changes. I would be very interested to hear the Minister’s response and his reassurance on these matters.

[Lord True (Con)]

My Lords, I thank the noble Baroness, Lady Quin, for her kind remarks, and I apologise that she did not get a response. I assure her that I was horrified when I went into my office this morning and found her letter there, but I did not have a forwarding arrangement to my sick bed, I am afraid. I understand that the purpose of the clause that she wants to remove is to seek to strengthen the current arrangements for applying for a postal vote. It is not intended to in any way attack the principle of the postal vote.

The noble Baroness asked about evidence. The Electoral Commission winter tracker for 2021 found that 21% of people who were asked thought that postal voting was unsafe compared to 68% who thought it was safe. There has been evidence of postal voting fraud reported in Tower Hamlets, Slough, Birmingham and Peterborough among other places, but that does not invalidate the case for postal voting itself. What the Government are proposing is to facilitate online application, as the noble Lord, Lord Rennard, said we are doing. Our intention, as with other elements in this Bill, is to improve safeguards against potential abuse.

As the noble Baroness acknowledged, the set of measures implements recommendations in the report by my noble friend Lord Pickles—he has appeared behind me—into electoral fraud that address weaknesses in the current absent voting arrangements. Also, a 2019 report by the Public Administration and Constitutional Affairs Committee gave support to the proposed voting reforms. The proposal is to require an elector to reapply at least every three years, and that will enable the electoral registration officer to regularly assess the application and confirm that they are still an eligible elector. Also, it gives an opportunity, as I said at an earlier stage of the Bill, for someone caught in a cycle of coercion, or who is coerced into having a postal vote to enable their vote to be influenced on an ongoing basis, to break out of that situation. It makes it harder to maintain ongoing coercion.

Keeping details more up to date will reduce wasted costs of postal votes being sent to out-of-date addresses where, again, there may be risk of abuse. Under the Bill, there will also be transitional provisions for existing long-term postal voters, and we intend to phase in the measure for them so that they will have advanced notice to enable them to prepare for the administrative change. EROs will be required to send a reminder to existing postal voters in advance of the date they cease to have a postal vote and provide information to them on how to reapply for it, including online. We believe this is an important measure that could strengthen the integrity of postal voting and not undermine it in any way.

I will of course reflect on the points the noble Lord, Lord Rennard, made in the debate. I was surprised to hear him accepting responsibility; I thought he accepted responsibility only for defeating Conservative candidates at elections. But I will take that admission as well.

Postal voting remains an important part of our electoral system. We do not believe that moving from five to three years, for reasons including those referred to by the noble Lord, Lord Rennard, would invalidate the position, and I hope the reassurance I have given, and the supporting evidence, plus the reports and recommendations I have cited, will enable the noble Baroness to withdraw her amendment.

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[Baroness Hayman of Ullock (Lab)]

My Lords, we very much welcome and support the amendments put forward by the noble Lord, Lord Holmes, and thank him for so clearly laying out their importance in his introduction. I also congratulate him and my noble friend Lord Blunkett on their continued work and persistence on this matter.

We welcome that these amendments will mean that, for the first time, the Electoral Commission would be tasked by law to create specific guidance to address the needs of blind and partially sighted and other disabled voters at the ballot box. This is long overdue. We strongly urge the Minister to accept these amendments and hope that he will look on them favourably.

However, as other noble Lords have mentioned, the RNIB has raised concerns with some of us, so I would be grateful if the Minister could provide clarification and reassurance on some issues that have not been raised so far. The first question it asks is this: how do the Government anticipate

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

independently being interpreted? How do they see the interpretation of that phrase? The noble Lord, Lord Kerslake, mentioned that the RNIB is concerned that we must not go backwards. Its concern on this is that “making it easier” to vote is still weaker than the right to vote “without any assistance”, as in the current wording.

It would also be helpful if the Minister could look at how this would be managed going forward, including availability and the cost of the provision of equipment for returning officers and how that would be supported at local government level. It would be helpful if the Minister could confirm the body that he anticipates will fund individual items of equipment provided in polling stations. I am not sure whether the Government currently provide the funding for the tactile template—I am sure other noble Lords know. Again, it would be helpful to know if that is currently the case. Obviously, we need to have certainty in these areas, because the last thing we want to see is a legal challenge if the expected equipment is not provided.

In summary, we welcome these amendments and urge the Minister to accept them. We thank all noble Lords for an important debate and, again, thank the noble Lord, Lord Holmes, for pushing this and bringing it to this stage.

[Lord True (Con)]

My Lords, I thank all noble Lords who have spoken for their general welcome and support for the amendments tabled by my noble friend Lord Holmes. I can tell the House that the Government are very pleased to be able to accept these amendments. I pay tribute to my noble friend and to the noble Lord, Lord Blunkett, for their hard endeavours in helping us to improve accessibility measures in the Bill. It has been quite a pleasant operation for me to return to my old office, which I used to share with my noble friend Lord Holmes, and see a couple of my pictures still hanging on the wall—I had forgotten about those. I thank those who have spoken and am grateful for the kind words said by many, including the noble Lord, Lord Thomas of Gresford. There was one slightly discordant note from the Green group, but a great effort has been put into working together to find a solution that works for all parties.

We have been clear from the outset that the Government’s intention with these changes is to improve the accessibility of elections. My noble friend Lord Holmes and the noble Lord, Lord Blunkett, have understood our policy intentions and introduced welcome changes that complement and improve them. These amendments will introduce specific reference to supporting disabled voters to vote independently and secretly through the provision of assistive equipment by returning officers. While the existing drafting of the duty to support disabled voters would undoubtedly have facilitated the provision of suitable equipment for this purpose, this amendment will underline the importance of equipment to enable or make it easier for voters to vote independently and secretly, where that is practicable.

My noble friend specifically asked me—as, I gather, did the RNIB, which I took great pleasure in meeting in the course of these discussions—to clarify “enable” and “make it easier” in practice. His understanding is precisely right in terms of what the people who drafted this are seeking to achieve. The Government see it as fundamental that we recognise the variations in what people need in order to be able to vote, so that they may access the most appropriate support for each of them. The use of both the terms—“enable” and “make it easier”—reflects the fact that the duty relates to the provision of equipment for those who find it impossible to vote under rule 37 and for those who can do so but find it difficult due to their disability, as per the definition of “relevant person”, which covers both. For those who would otherwise find it impossible to vote independently, appropriate equipment might enable them to do so, but for those who are able but find it difficult to vote due to their disabilities, we also want them to be supported by provision of equipment that would mitigate the difficulties, making it easier. As such, having “make it easier” in the clause does not result in an either/or situation or a dilution. If the amendment said only “enable”, there would be no duty to assist those who find it difficult; if the amendment said only “make it easier”, there would be no duty to assist those who simply find it impossible. The amendment is designed to ensure the widest possible assistance support, greater innovation and accessibility.

As my noble friend has said—this was something on which he was understandably insistent, and I hope it has pleased all those involved—his amendments will put on a strong statutory footing the role that the Electoral Commission will play in providing guidance about meeting this duty, which returning officers will have to have regard to. While these are things that we are confident both the commission and returning officers would have done as a matter of good practice, we welcome that these will be put on a strong and permanent statutory basis. That is why the Government have acceded to these proposals.

As I said, I recently met the RNIB and heard its concerns—which were echoed by the noble Baroness, Lady Lister—including around the risk that guidance might not be as strong as statute and might represent the end of a conversation on accessibility that may not have disabled voters at its centre. I can say only that that conversation will continue; that is why the amendments will in fact require the Electoral Commission to consult with relevant organisations, such as the RNIB and other disability charities, in the production of the guidance and to report on the steps that returning officers have taken to assist disabled voters. This will promote accountability in the policy.

I will respond to the concerns that, without a minimum standard, there will be uncertainty about how individual returning officers decide what they deem to be reasonable. First, in requiring provision for what is reasonable, the clause imposes an objective standard rather than a subjective one. Secondly, the role and purpose of the Electoral Commission guidance will be to set out a clear framework, and therefore to promote consistency. Returning officers will have to have regard to this but the guidance will, of course, be more flexible than legislation—the point made by the noble Lord, Lord Thomas of Gresford—with a much more responsive capability for adding new equipment that has been developed and identified over time, without having to bring forward primary or secondary legislation each time.

The amendments make provision for a suite of duties that I hope will reassure those with concerns. I am confident that the changes represent a good move away from the limited, prescriptive approach towards more flexibility and innovation. We will look to the Electoral Commission to do its duty in consulting with organisations representing disabled voters, such as the RNIB, in producing its guidance.

I cannot specifically answer the noble Baroness’s point on funding, which, in a sense, is related to what will come out of the ongoing discussions, but I will communicate to her what I am able to on that.

I believe that this has been good work by your Lordships’ House, working in a consensual manner for a common purpose. I hope this will lead us towards a more accessible future for our elections. Again, I thank my noble friend Lord Holmes for tabling these amendments, and the noble Lord, Lord Blunkett. The Government support them and urge the House to do so as well.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

He has had a Covid revelation.

[Lord True (Con)]

No. As the House knows, nothing distresses me more in life than disappointing my erstwhile colleagues on the Liberal Democrat Benches, but I am afraid that I must. This is a simple disagreement. The Government’s view is that the first past the post system is simple, clear and effective. Reference has been made to our manifesto. It said:

“We will continue to support the first past the post system of voting … both locally and nationally.”


Clause 12 supports the first past the post system for local elections—for elections of police and crime commissioners in England and Wales, and for the Mayor of London, combined authority and local authority mayors. It moves these to the simple majority voting system. In 1998, the referendum question in London was simply:

“Are you in favour of the Government’s proposals for a Greater London Authority, made up of an elected mayor and a separately elected assembly?”


There was no great ringing endorsement of proportional representation.

We had a thorough and invigorating debate in Committee on this matter. I did not agree with all of it and I suspect some of your Lordships did not agree with me. We want to move on. We have a difference of opinion. It is clear that using the first past the post voting system for these elections will displease some Members of your Lordships’ House but we are committed to supporting it. I regret to remind people that, in 2011, the public expressed a clear preference when two-thirds voted in favour of retaining first past the post. I am afraid that I will again disappoint the Green group, but that was a fact. There was support for PR in only 10 of 440 voting areas or, to put it the other way, 430 of 440 voting areas supported first past the post. As such, I do not believe there is any merit in holding—

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 1 & Committee stage
Wednesday 23rd March 2022 Lords Chamber

[Lord True (Con)]

The noble Lord has completely failed to answer the core question. He has thought about this amendment and tabled it, it is here on the list and in it he says:

“The simple majority system must not be used for any Parliamentary general election after the end of the period of six months beginning on the day on which this Act is passed.”


Who knows when the end of the Session will be, but let us say that this Act is fortunate enough to get on to the statute book, that means that for any election in 2023 or 2024, we would not be allowed to use first past the post—if your Lordships agreed to the amendment that the Liberal Democrats have put before the Committee, supported by the Green group—but would have to flounder around to find some other system, which the noble Lord will not specify, which would have a mean average Gallagher proportionality index of less than 10.

I am accused—the Government are accused—of coming to this Dispatch Box arguing for first past the post, which people understand, while the people on the other side come forward with a kind of canard of nonsense, such as in the noble Lord’s amendment. We are also asked for citizens’ assemblies, but I can only repeat what the noble Lord, Lord Grocott said, with much greater eloquence than mine, that we did have a big citizens’ assembly of nearly 20 million people who decided this in 2011.

I am not convinced by the arguments that I have heard on proportional representation; I do not believe that this is the appropriate Bill in which to try to change our system from first past the post within six months, as is proposed. But, returning to the core of the question, I do believe that it is reasonable to have a simpler system than the system that proved so confusing and led to so many wasted votes in the London elections and that we should go for first past the post, as the Government have maintained very clearly. I ask the House to reject the amendments that have been tabled.

[Baroness Hayman of Ullock (Lab)]

My Lords, I do not want to get into any discussion at all about what sort of electoral system is best because, to me, that is not what this clause is about. It is about changing the system without any consultation at all. Much of this Bill has had no consultation or pre-legislative scrutiny. Our concern—my big concern—is that lack of consultation, working with local people about the proposals. With the changes to the mayoral system and the PCCs, but the mayoral system in particular, it is extremely disappointing that the Government decided to bring these in—very, very late and after they had been told originally that it was out of scope. That, to me, is the big problem with Clause 11. I am disappointed that the Minister did not address my concerns around the fact that it was disrespectful to the House and that an Elections Bill should have more consideration.

[Lord True (Con)]

I am sorry that the noble Baroness—for whom I have the greatest possible respect, as she knows—feels that way. The House of Commons did not seem to regard it as disrespectful. I have submitted that there is nothing novel or unusual about first past the post. It is not one of the kinds of systems that is suggested. The Government have made it clear to the electorate that they wish to maintain and support first past the post. We have an Elections Bill, we have the evidence of the difficulties caused in the London mayoral elections, and I think it is reasonable for the Government to seek to address that. Others may have different opinions, but I think Parliament would be remiss in not considering whether there is a better system than that which led to hundreds of thousands of wasted votes in the London elections last spring.

[Baroness Hayman of Ullock (Lab)]

I have the greatest respect for the Minister but—with the greatest respect—that really did not address the issue. However, in the meantime, I beg leave to withdraw the amendment.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 2 & Committee stage
Monday 21st March 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, my Amendment 85 is about providing legislation in draft to any committee of either House of Parliament which is deemed relevant by the Secretary of State. The reason for tabling this amendment is the same as in previous debates: with very little pre-legislative scrutiny, we really need to see the detail of the legislation ahead of debate. So, this is about seeing that legislation in good time so that we all know exactly what the expectations are and what detail is going to be provided.

The other two amendments are about private renters and private tenants. I briefly draw the House’s attention to some analysis published by the Mayor of London’s office in 2019 which demonstrates that private renters are less likely to register to vote and so are missing the opportunity for their voice to be heard at national and local level. City Hall analysis of the electoral roll and housing in London found that boroughs with the highest number of private renters had some of the capital’s lowest levels of voter registration.

That analysis is backed up by national estimates from the Electoral Commission which show that 94% of owner-occupiers are registered to vote, compared to just 63% of private renters. The reason for this seems to be that many private renters move home frequently, often due to insecure tenancies. Across London as a whole, 25% of households were privately renting at the time of the most recent census and only 86% were registered to vote, which is a lower rate than other areas. One of the reasons for this is the stability of people in private rented accommodation.

I come back to the point that there is nothing in the Bill to help increase the number of people on the electoral register, which I think will be a theme throughout its passage. I know that this Bill is not about housing, but housing is in the same department—both areas are covered by DLUHC—so it would be good if the Minister could point out to his department that private renting could be reformed to increase stability for tenants, so that they are not constantly on the move. In that way, we could increase the number of people registered to vote and try to keep that more stable. I beg to move.

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

My Lords, Amendment 85 in this group would require the Secretary of State to publish any secondary legislation under Schedule 2 of the Elections Bill for pre-legislative scrutiny. My officials are working at pace on the secondary legislation and it will be shared with Parliament in due course. Any legislation under Schedule 2 will be subject to the affirmative procedure and therefore will have to be laid in draft, debated and approved by each House of Parliament, thus giving opportunity for sufficient scrutiny.

Amendments 86 and 87 seek to place a requirement on the Secretary of State to publish reports and hold a public consultation on measures to increase registration levels among private tenants. I agree with the noble Baroness opposite that the high turnover in this type of accommodation sometimes raises questions. She will know that the Government are seeking to improve the position of private tenants in other legislation, but I certainly take note of her point.

Registering to vote is extremely easy and it takes about five minutes to complete an online application. Since its introduction the register to vote website has revolutionised the ability of electors to participate, with over 60 million applications to register since 2014. In the last election a record number of people registered to vote—47 million. The Government are pleased that the register to vote service has the highest available accessibility rating for a website—a triple A rating—under the web content accessibility guidelines, for those noble Lords who are particularly interested.

I should add that it is for EROs to ensure that their registers are as complete and accurate as possible. It is the Electoral Commission’s duty to promote electors’ participation in our country’s electoral events. The commission runs an annual voter registration campaign encouraging those eligible to take the short time to make an application to register. I am sure it will have taken note of what the noble Baroness has said. Supporting registration in this way is a responsibility of the commission at national level and of local authority EROs at local level. It is our role to ensure that the EROs and the EC have the tools necessary to fulfil these functions.

Therefore, it is not clear to the Government that any specific strategy to increase the registration levels of private tenants is necessary. I acknowledge the points the noble Baroness has made, and I beg her to withdraw her amendment.

[Baroness Hayman of Ullock (Lab)]

I thank the Minister for his response and I beg leave to withdraw the amendment.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 2 & Committee stage
Thursday 17th March 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, this debate has ranged rather wide of the area covered by my amendments, to say the least. Having said that, it has been very interesting. As other noble Lords have said, the noble Lord, Lord Woolley, made a very important and powerful speech. I say to the noble Baroness, Lady Verma, that I am sure that we would all agree that every vote should count—of course it should—and I totally understand what she is saying. The challenge for us, as parliamentarians, is how we change that—that is a debate for another day, but she raised an incredibly important issue that we have to look at very carefully. Perhaps we should look at areas where we could do something to increase empowerment and engagement—perhaps that is missing from this Bill. I would be really interested to engage more with the noble Baroness to think about how we can support her, from this side, in what she is trying to achieve and to better understand her concerns.

I will not go into the manifesto commitment debate—my noble friend Lady Lister resolved that quite adequately. But she also raised an important concern, as did—

[Lord True (Con)]

In the Queen’s Speech in October 2019, the Government announced that they would introduce legislation on voter identification. It was very clearly set out in the guidance and briefing that was given around the Queen’s Speech that that would specifically include photo identification and the free identity cards for local authorities. It was an announced and established policy of voter identification, and the manifesto referred to this.

[Baroness Lister of Burtersett (Lab)]

The Queen’s Speech and the manifesto are different things, and the manifesto did not say “photo identification”.

[Baroness Hayman of Ullock (Lab)]

That is correct. I appreciate what the Minister said about the Queen’s Speech, but, again, my noble friend is absolutely correct. Members of the Government keep telling us that this was a manifesto commitment, but it is important to clarify the distinction between a manifesto commitment and what the Government decided to go forward with in the Queen’s Speech. We can debate that, I am sure—

[Lord True (Con)]

That was the Queen’s Speech before, not after, the general election. It was established before the general election.

[Baroness Hayman of Ullock (Lab)]

In that case, can the Minister explain why it was not detailed in the manifesto?

[Lord True (Con)]

That is because the manifesto referred to clearly established and announced policy on voter identification.

[Baroness Hayman of Ullock (Lab)]

In that case, I will come back to the pilot schemes. If the Government were intending to introduce only photographic ID, and that is what the commitment was, why were pilot schemes run without including photographic identification?

[Lord True (Con)]

My Lords, I think that we should make progress—

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 2 & Committee stage
Tuesday 15th March 2022 Lords Chamber

[Lord True (Con)]

My Lords, there are other provisions in the Bill in relation to lower-tier and upper-tier spending, and in relation to the £10,000 and the £20,000. It is not specifically related to these provisions. I repeat my undertaking to the noble Lord that I will try to give him the advice he is asking for. Whether my officials, or the Electoral Commission, have a full list I cannot tell him at this hour. I understand that he might be concerned, but I urge noble Lords to understand that this clause is intended to apply to foreign entities.

[Baroness Hayman of Ullock (Lab)]

I thank the Minister for his response to these amendments and other noble Lords for their contributions to the debate. I apologise to the noble Baroness, Lady Meacher, for forgetting to say that her name was with mine on the notice of our intention to oppose Clause 24 standing part of the Bill, and I thank her for her contribution.

The debate has raised some important issues that we will come back to, not just next week but further on in the debate. The Minister explained that Clause 24 is intended to bear down on foreign interests, and that only people with legitimate interests to influence UK elections should be able to contribute. I do not imagine that anyone would disagree with that aim, but there are still concerns about it. I am sure that we will revisit issues around foreign donations when we reach the clauses on overseas electors.

Regarding my inability to find the £700 in the RPA, if the Minister has a moment, or if one of his officials could send me the link so that I can see it with my own eyes, that would be marvellous. One concern here is the effect of the combination of Clauses 24 and 25 together; there is a bigger concern around that. I am sure we will revisit these concerns about Clauses 24 and 25, because they are so interconnected. I am sure that other noble Lords, as well as myself, would very much welcome further discussion with the Minister on this area, because there are very genuine concerns, particularly among a number of other organisations, including charities. For now, I beg leave to withdraw my amendment.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 1 & Committee stage
Tuesday 15th March 2022 Lords Chamber

[Lord True]

My Lords, we are seeking to move to a better, more flexible and more complete approach for blind and partially sighted people, and others. I repeat what I said to the House: if new burdens flow from these proposals, long-standing government policy will apply. We have heard, not from the Government at this Dispatch Box but from others who have spoken, that the specific equipment available today does not suit every circumstance. It is reasonable, therefore, to engage in the kind of open discussion we are having, and which I welcome. If I am allowed to make progress, I will say a little more about what the Government hope to do.

[Baroness Hayman of Ullock (Lab)]

My question was really about the cost of the system trialled in Norfolk and whether the problem was that it was prohibitive. My understanding was that it would be spread out nationally, and I wanted to know why that did not happen and whether cost was an element.

[Lord True (Con)]

I do not believe that was the case but I am not briefed on the specific point. I will of course give the noble Baroness an answer on that.

There are many things in the Bill on which we disagree, and I am conscious that there will be hard and difficult debates with the Government, and I will be very much in the dock on a number of things. I understand the suspicions and concerns that have been raised, but I beg to persuade the House, not only today in Committee but in further conversations I hope to have with noble Lords, that the Government’s earnest here is not to confine but to extend what is available to disabled people and to blind and partially sighted people.

The amendments as drafted would be prescriptive and would provide for specific equipment to be legally required in over 40,000 polling stations across the United Kingdom. This might ossify the position on equipment provided and could take away the opportunity to provide equipment that people want and need, which is the aim of the more tailored approach introduced by these measures.

Additionally, it is important to be mindful that, as my noble friend Lord Holmes reminded us in opening, being able to “vote without any need for assistance” can mean different things to different people, as the act of voting could be seen to include various actions, from knowing the candidates to marking the ballot or placing the vote in the ballot box. Identifying a device or combination of devices that would enable every single blind and partially sighted person to complete every step in the voting process securely and without assistance would be hard.

The Government are absolutely clear that we do not want the changes to be a postcode lottery of support. The new requirements—this is important, and I note the amendments put forward by my noble friend—will be supported by Electoral Commission guidance. That will be developed in conjunction with expert organisations representing a wide range of disabled people and will provide a clear and consistent framework for returning officers to follow. The Electoral Commission will also include this in its performance standards for returning officers to ensure accountability in the delivery of the new policy.

--- Later in debate ---

[Lord True (Con)]

My Lords, there is reference in Clause 19(1) to a duty to provide guidance. I cannot give all the specific details, but it is clearly the intention of the Government that it be covered in that way.

I understand the point made by the noble Lord, Lord Collins, on increasing the threshold at which an election agent is required to approve expenses. The noble Lord is always very thoughtful on these matters. Indeed, the noble Lord, Lord Rennard, referred to the days when £2 was the limit. Clause 20 amends Section 73 of the Representation of the People Act to allow other persons to pay expenses that they have incurred rather than the election agent. This will provide clarity to third parties who have been authorised by a candidate or agent to promote them. The Government are supportive in principle. I can tell the noble Lord, Lord Collins, of increasing relevant values by the value of inflation to ensure that they remain as Parliament originally intended. We raised candidate spending limits for local elections in line with inflation before the May 2021 elections, and we intend to review party and candidate spending limits for all other polls—obviously not those within the legislative competence of the Welsh and Scottish Governments—next year, with a view to uprating them in line with inflation since they were originally set. This should create a baseline for regular and consistent reviews of such limits in future.

The noble Lord has raised an important point. Obviously, consideration will have to be given at each stage to ensure that the implications of changing a particular figure are understood. We welcome further discussion on this point, in the spirit which he suggests, but the Government’s intention is that those levels be reviewed next year. For these reasons, I urge that the amendment be withdrawn.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for his thorough response to this debate.

On the amendment in the name of my noble friend Lord Collins around increasing the threshold, I have a slight concern that, rather than necessarily increasing the threshold, we will be saying, “Other people can also pay for things—it’s not just the agent.” Anybody who has been involved with an election and seen a poor agent trying to put the expenses together will know that if people are allowed to just start spending, it can get extremely complicated and sometimes quite worrying, because the agent needs really good control over the money during an election. I just put that into the debate. If this threshold could be reviewed as part of an ongoing review, that would be very a practical and helpful thing that we could all agree on.

I thank the noble Lord, Lord Hodgson, for preferring my Amendment 25 to that of the noble Lord, Lord Rennard, even though the Minister did not—it is nice to know that somebody felt I was going in the right direction. On the Minister’s response on the CSPL, I was trying to find out about the recommendations that are not included in the Bill—I am aware that some are in it. The Minister said that all the recommendations would be looked at; this House should have an idea of how the Government are taking this forward, whether these things may come forward as SIs in the future, and how they would be implemented.

I was also pleased to hear the Minister say that he believed that publication of new guidance should be both timely and part of the locked-in process of any implementation and that he wants to see the guidance produced as quickly as possible. I thank him very much for his response and beg leave to withdraw the amendment.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 2 & Committee stage
Thursday 10th March 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, just on that point on consultation, I suggest that the Minister, when he responds, thinks of the expression “more haste, less speed”. Rushing things through without proper consultation can lead only to difficulties and the issue being revisited at a later date.

[Lord True (Con)]

My Lords, we had a debate on the previous group. Despite the beguiling invitation of the noble Lord, Lord Stunell, I am not going to rehash that debate. I am certainly not going to accept advice from those Benches on how many legs I should stand on at one particular time. They often seem to have about five or six legs, in my campaigning experience.

The Government oppose these amendments. I understand that they are probing, but I can reassure the noble Lord that we do not consider them necessary because, under the Bill as we propose it, the approval of Parliament—the whole of Parliament, both Houses—is required when a statement is created or whenever it might be revised. That is, as my noble friend Lady Noakes said, there in the Bill. That will ensure that the Government consider its views and then gives Parliament the final say over whether a statement takes effect.

This measure, in our judgment, will improve the accountability of the commission to the UK Parliament and ensure that Parliament, in the last resort, remains firmly in control of approving any statement. That is why the Government have proposed the affirmative procedure in the Bill for the approval of a new or revised statement and I can certainly confirm for the noble Lord that any statement must be approved by both Houses, including your Lordships’ House, before it can be designated. Therefore, we think these amendments are unnecessary.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

Lords Hansard - Part 1 & Committee stage
Thursday 10th March 2022 Lords Chamber

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

My Lords, I thank the noble Baroness opposite for her kind remarks at the outset, and make clear that I have been privileged by and welcomed the discussions I have had with her and other noble Lords in the passage of this legislation so far. I give an assurance to the House that I will always be open for those discussions. We may not agree, but I am concerned to hear the opinions and seek to address the concerns of noble Lords on all sides. I may not be able to succeed, the Government may not be able to succeed, but that is the spirit in which we should go forward.

I hope the one thing we might agree on is our revulsion and scorn—and hatred, actually, which is a word I do not use often—for the activities of the Russian Government and army in Ukraine. But I beg that the enormity of what is happening there should not be adduced as an argument in questions of judgment about the degree of our regulation of electoral amendments, which this amendment before the Committee is about. I do not believe it is comparing like with like. I thank the noble Baroness, Lady Meacher. She seemed a little surprised, but I thank her for putting these amendments before the Committee.

I noted that the noble Lord, Lord Stunell, was in his place and rose swiftly to read a 13-minute speech on these amendments to the House. Perhaps, he was not as surprised as the noble Baroness, Lady Meacher, by the events which occurred.

I did not intervene in the debate because the glory of this House is that it is a free House; it is the master of its own procedures and its own way of going forward. The group of amendments we have just discussed has nothing to do with excising Clauses 14 and 15. There is no amendment to Clause 14, and the noble Baroness suggests leaving out two lines and adding a couple of points to Clause 14. On the Order Paper, we have a clause stand part on Clauses 14 and 15. The appropriate procedure, I venture to suggest, with the greatest respect to your Lordships’ House—protecting and arguing for your right and freedom of procedure, which I, as a Member of this House, regard as one of its glories—is that we should address in Committee points that are before the House in Committee.

[Baroness Hayman of Ullock (Lab)]

I apologise. Did the Minister just say that the amendments have nothing to do with Clause 14? They are amendments to Clause 14.

[Lord True (Con)]

No, I said that what was before the House was not a clause stand part debate. I will address the amendment before the House. The proposal to excise Clauses 14 and 15 comes later today, in the sixth group, in your Lordships’ House. The noble Lord, Lord Butler of Brockwell, actually said—

--- Later in debate ---

[Lord True (Con)]

I would have done so slightly quicker if the noble Lord had not intervened.

The suggestion before the House, which I will deal with later, is that the Government are attempting to interfere with the operational independence of the Electoral Commission. We contend that that is a mischaracterisation, and I will deal with that at the appropriate time. Reference has been made in the debate to the illustrative statement the Government have published for the Election Commission, which we will discuss later. I hope that all noble Lords will have a look at it. It states:

“This Statement does not seek to interfere with the governance of the Commission, nor does it seek to direct specific investigative or enforcement decisions of the Electoral Commission. This Statement does not affect the ability of the Commission to undertake enforcement activity as they see fit”.


The Government are not seeking to direct, as has been submitted, the Electoral Commission. Amendment 4A seeks to amend Clause 14 so that the commission only has to consider following the guidance in the strategy and policy statement if the commission considers that the guidance aligns with its own objectives. As I have set out, the duty on the commission to have regard to the statement on the discharge of its functions contained in Clause 15 is not a directive; it simply asks the commission to consider the guidance. This protects the operational independence of the commission and means that the amendment is unnecessary.

Amendment A1 would remove the provision for the strategy and policy statement to be able to set out the role and responsibilities of the commission in enabling Her Majesty’s Government to meet their priorities in relation to elections, referendums and other matters in respect of which the commission has functions. First, on a technical note, this amendment would not limit the scope of the strategy and policy statement, as intended, as the clause would still provide for the statement to set out guidance relating to particular matters in respect of which the commission has functions. Secondly—and we will debate this later—it is entirely right that the Government should include within the statement the role and responsibilities of the commission in enabling the Government to meet their priorities in relation to elections.

For any Member who has not already seen the illustrative strategy, I say again that I hope noble Lords will review the document, and that many will find it to some degree reassuring—to the use the phrase of the noble Lord, Lord Butler—and hard to disagree with the content. However, I will listen to the comments on that, as on anything else. The statement sets out the Government’s expectation that the commission should tackle voter fraud, improve accessibility of elections and increase participation. I hope we can all agree that these are important aims that it would be wholly appropriate for an electoral regulator to support. For these reasons, I hope that the noble Baroness will withdraw her amendment.

[Baroness Hayman of Ullock (Lab)]

The Minister did not address my concerns around consultation on the document. Will he come back on that, please?

[Lord True (Con)]

My Lords, we will come to that document later. The specific recommendations taken up in these proposals were those of the Pickles committee in 2015.

Elections Bill

Debate between Baroness Hayman of Ullock and Lord True

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Lord True (Con)]

My Lords, it sounds as if I had better get in some supplies of black coffee for the next few weeks. What a pleasure it is to see the noble Lord, Lord Collins, in his place. I know he has not been well because I reached out to him and hoped to have met him before now to talk about the subjects he has spoken about with such passion today. I hope that we can have that discussion, and I am very pleased to see him here. I listened with great care to what he said.

I also listened with care to the noble Lord, Lord Moore of Etchingham—I have to call him my noble friend. I was fascinated by his Hastings connection. He might be interested to know that my grandmother’s family came from generations of poor Hastings fishermen. Indeed, one of them was drowned off the Hastings coast —it was probably a good thing he did not have the noble Lord’s forebear in the boat at the time. In 1846, my great-great-grandfather built a little fishing boat and called it “Free Trade”. That was a good name then —it was an important year for free trade—and it is a good cause now. My goodness, we enjoyed the noble Lord’s speech today.

This debate has felt at times a little like being in that stall on the beach and getting too close to Mr Punch, but none the less, I give considerable thanks to all those who have spoken. Important points have been raised. It is my duty to try to address the concerns raised, not only today but in Committee. I would, however, like to say again that a great deal of work has underpinned this Bill and the measures within it. I agree with the noble Baroness, Lady Fox, that we should be careful of language. We have heard of a likeness to Belarus, Russia and so on. I take and consider concerns, but I reject the characterisation of this Bill as seeking to suppress votes.

The Bill is inspired by fundamental principles that guide our democratic system, including that people should be encouraged to vote. I agree with the noble Lord, Lord Woolley, that those who are entitled to vote should always be able to exercise that right freely, securely and in an informed way, and that fraud, intimidation and interference have no place in our democracy.

We have to adjust and reform our system—this is more than consolidation; I will come to that in a minute, but consolidation is different from reform—but I cannot promise the noble Lord, Lord Desai, that we will reform it in the way he suggests. There might be difficulties with smartphone voting, for a start. Practically, we believe that the measures we have discussed here today constitute a series of practical improvements to the electoral system. We have worked closely with the electoral sector experts, the AEA, and the Electoral Commission to ensure that the provisions are designed properly. I remind noble Lords that the Electoral Commission is in support of voter identification.

The Minister responsible for the Bill, Kemi Badenoch, and her predecessor, Chloe Smith, took time to meet a wide range of organisations in the voluntary and community sector to inform policy decisions. These organisations have played a part in developing the details of secondary legislation and will continue to do so. I will come to the point made by the noble Baroness, Lady Barker, later in my remarks.

The noble Baroness, Lady Hayman, in what I thought was a very measured speech—I did not agree with it all but I am glad I had a bit of agreement from her on some parts of the Bill—asked about pre-legislative scrutiny, which has come up in the debate, and about post, a subject that I will come on to. The Government have always demonstrated a willingness to listen to and collaborate with stakeholders, but pre-legislative scrutiny is just one way in which the Government can take the views of Parliament as well as the electoral sector and other interested parties. The Elections Bill is a product of a wide range of views and engagement with the electoral sector, civil society, parliamentarians and the Parliamentary Parties Panel. Many elements have come directly from reports and reviews conducted by parliamentarians, such as the 2016 report on electoral fraud by my noble friend Lord Pickles. Four sets of measures in this legislation—namely, those on accessibility, overseas electors, intimidation and digital imprints—have also been directly the subject of government consultation. There are issues relating to accessibility that I will return to.

In addition to that, ahead of bringing forward the legislative proposals for voter identification, we undertook a range of voter pilots in 2018 and 2019 that were independently reviewed by the Electoral Commission. Furthermore, we proactively sought the input and expert eye of those with detailed knowledge of elections operation. I echo the tribute paid by my noble friend Lord Hayward to those who operate elections—people who will be impacted by the measures in the Bill. Since the announcement of the Bill, it has also received scrutiny from the Joint Committee on Human Rights and been debated in the other place, including four evidence sessions.

The noble Baroness, Lady Hayman, asked if I would give a statutory commitment to a post-legislative scrutiny requirement in the Bill. I am afraid I cannot go that far, but I will say that it is standard practice for the Government to conduct post-legislative scrutiny of Acts following Royal Assent. In this case it will be important to allow some time for elections actually to take place so that we can effectively review the impact of the legislation.

The Bill already makes provision to evaluate the impact of implementing voter identification following the first three sets of elections. The Electoral Commission already has a statutory duty, unchanged by the Bill, to undertake reports on the administration of each parliamentary election, so a specific statutory requirement risks not allowing for the necessary flexibility to report following elections as they happen. However, I undertake to the noble Baroness that we will enable the House to follow these developments carefully.

The noble Baroness asked, as did my noble friends Lord Hayward and Lord Hodgson and others, why we are not consolidating electoral law. This is a reform rather than a consolidation, but we remain committed to ensuring that electoral law is fit for purpose into the future. We acknowledge that the process of consolidation is a long-term project desired by many. It would take significant consideration and policy development, and the Government’s immediate priority is to deliver this Bill. However, it is a request of which the Government are aware.

Many noble Lords queued up in the debate to say that the provision regarding voter identification was unnecessary. I guess the argument is that not many burglaries take place and have not happened recently in our road. No doubt those who have that view will not be putting locks on their back door. In saying that it is unnecessary, I thought the noble Baroness opposite also appeared to say that she did not think we had done anything about postal fraud. The reality is that the Bill contains many measures to stop the theft of—

[Baroness Hayman of Ullock (Lab)]

In fact, it was meant to be the opposite.

[Lord True (Con)]

Ah, then I misheard. None the less, on cue I can tell the House that we are banning party campaigners from handling postal votes altogether; we are stopping postal vote harvesting; we are extending secrecy provisions; and we are requiring those registered for a postal vote to reaffirm their identities by reapplying for a postal vote every three years. I think I heard a general welcome and support in the debate for those provisions, and I am grateful for that. That was stated by the noble Lord opposite in his wind-up.

The claim that voter identification is unnecessary was addressed by my noble friends Lord Pickles, Lord Hayward and Lady Pidding and the noble Earl, Lord Leicester, among others. It would be remiss if we did not take action in this respect—action recommended by the independent Electoral Commission. It is also backed by international election observers, who highlighted vulnerabilities in our system and repeatedly called for introducing voter identification, saying that its absence is a security risk. I find it strange that the internationalist party par excellence does not pay any attention to those recommendations.

Showing photo identification is a reasonable and proportionate way to confirm that a person is who they say they are and something that people from all walks of life already do every day. Cabinet Office research shows that 98% of electors already own a photographic document. Everyone eligible to vote will continue to have the opportunity to do so and be encouraged to do so, and any eligible voter who does not have one of the many accepted forms of photographic identification, including lapsed identification, can apply for a free voter card from their local authority. Many members of the public have said in the pilots that they felt that the existence of voter identification increased their confidence in the security of voting.

I absolutely agree with my noble friend Lord Willetts, the noble Lord, Lord Janvrin, and others that we must encourage people and young people to vote. I have to say to the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Woolley, that we are not persuaded by automatic registration. No doubt, from hearing this debate, we will have the opportunity to discuss this in Committee. We think it contradicts the principle that individuals are properly responsible for registering themselves. That was one of the reasons we introduced individual electoral registration in 2014. The evidence shows that an individual system drives up registration and enhances the accuracy of the register. Online registration transforms the ease with which people can register to vote, and in March 2020, there were 47.6 million entries on the parliamentary registers in the UK—the highest number ever recorded. Instead of introducing a costly and potentially flawed system of automatic registration, the Government are committed to building on what we already have to make things better.

There was some criticism of the proposal to introduce first past the post to London mayoral and police commissioner elections. I will look carefully at Hansard but the noble Lord, Lord Kerslake, even seemed to challenge your Lordships to remove those provisions. I remind the House that these were manifesto commitments. The noble Lord, Lord Scriven, also said that there was no evidence of any problem. He said that we were accusing electors of not understanding what was going on. Let me give noble Lords some evidence. The Electoral Commission added that the rejection rate in May 2021 was 0.8% for local council elections; for police and crime commissioners, it was 2.7%; and it was 4.3% for the Mayor of London. In the 2021 London mayoral elections, conducted by supplementary vote, almost 5% of the total votes in the first round were rejected—114,000 ballots. In the second preference, 265,000 votes were invalidated. That is more votes than were validly transferred to the leading two candidates, Mr Khan and Mr Bailey. That is quite a significant problem, and I reject the view that there is no evidence for there being a problem.

The noble Baronesses, Lady Gale and Lady Humphreys, asked about Wales. As I said in my opening speech, I welcome the indication that the Welsh and Scottish Governments will consider legislating comparably across a number of areas. UK Government Ministers remain committed to working with our counterparts as they develop their own legislative proposals. On the strategy and policy statement, the Scottish and Welsh Governments have already recommended that the devolved Parliaments do not grant legislative consent to this measure. Therefore, we are preparing amendments, as I said at the outset, such that the statement must not contain provisions relating to the devolved functions of the commission.

The noble Lords, Lord Blunkett and Lord Thomas of Gresford—forgive me if there are others who I do not name; I have quite a lot to get through anyway—raised the important issue of assistance for blind and partially sighted voters. As noble Lords who are interested in the subject will know, the current difficulties arose partly because of the imperfections of the existing system that the noble Lord, Lord Thomas, spoke about, but there is also a court judgment that needs addressing.

The Government have had extensive engagement on this issue. I assure the House that we are ready to continue that. We are not removing the requirement to support blind and partially sighted voters; we are changing the way it is delivered to ensure that the needs of people with a wide range of disabilities are considered. Our approach will require returning officers to consider more varied and innovative support. That could be people using their own smartphones or devices in the polling station, or the use of a specific magnifier. There is not a one-size-fits-all approach. My colleagues in government and I look forward to further consultation and discussion on this very important subject.

Continuing on that, the noble Baroness, Lady Barker, raised engagement in relation to minority groups. My predecessor, Chloe Smith, conducted a series of round tables last summer with civil society groups, but I assure the noble Baroness that future engagement is also planned with groups that represent those with protected characteristics to work on supporting implementation planning and inform awareness-raising strategies. I will listen and ensure that my colleagues in government are aware of what the noble Baroness said.

There was a lot of discussion about overseas registration, not all of it favourable, although I was very moved by the speech of my noble friend Lord Lexden and his reference to Harry Shindler. The current position —that you are allowed to continue voting for 15 years —was established by the Labour Government in 2002, who determined that British citizens could continue to cast a vote. This did not seem such a shocking thing to the Labour Party then as it says it is now. I do not think that the principle it accepted then is invalidated by the removal of this limit. Why is it that 14 years and 364 days living abroad is fine, but at 15 years and one day Labour says, “We don’t want to know about you. You have no rights”? We believe that the connection that people have with their old country—their home country—does not end overnight in that way.

A suggestion was made by the noble Lord, Lord Rennard, that the franchise change is to increase political donations to the Conservative Party. I expect to hear some rumbles opposite. The issues at stake in the Bill are matters of principle.

Ministerial and other Maternity Allowances Bill

Debate between Baroness Hayman of Ullock and Lord True

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 25th February 2021 Lords Chamber

[Baroness Hayman of Ullock (Lab) [V]]

My Lords, I thank all noble Lords who spoke in the debate. Many amendments have been laid before us for consideration. I will keep my remarks brief.

There may be many amendments in this grouping but they all have exactly the same concern: that of the language used, particularly the use of “person”. As has been pointed out many times, this is at odds with other legislation covering maternity rights and protections—including the Equality Act 2010, which we now know uses “her” and “woman” specifically. Noble Lords have said that they cannot understand why “woman” can be in the Explanatory Notes but not in the Bill. The concerns expressed by Members from all sides of your Lordships’ House, both at Second Reading and today, could not be plainer.

In introducing his amendment, the noble Lord, Lord Lucas, was clear that “mother” is properly understood in statute and should therefore be used in the Bill rather than “person”. My noble friend Lord Hunt of Kings Heath talked about the importance of using language that respects women and the need to support them. We must strive for rights and true equality for all members of our society. My noble friend Lord Winston spoke today, as he did at Second Reading, about the important but sometimes difficult area of understanding what we mean by “gender” and “sexuality”.

It is clear that noble Lords support the Bill’s aims, and that maternity leave will be available to the Attorney-General shortly and to other Ministers in future, but, as has become extremely clear, language is very important. I know that the Minister has been generous with his time in listening to noble Lords’ concerns about the language used in this Bill. Clearly, he has listened and appreciates the depth of feeling among many Members of your Lordships’ House, with his acceptance on the Government’s behalf of the amendment in the name of the noble Lord, Lord Lucas, and my noble friend Lord Winston.

Today, many noble Lords welcomed the statement made by the Minister at the beginning of the debate and thanked him for his remarks. However, as I said, it really is a shame that the Government did not give the Bill—a Bill with such importance for women parliamentarians, and which has the potential to encourage more young women to join us and take up a parliamentary career—more detailed consideration in the first place. Many changes could still be made to improve the Bill; we look forward to working with the Government in the near future to make these further, much-needed improvements.

I end by wishing the Attorney-General and her family all the very best.

[Lord True (Con)]

My Lords, this has been an interesting and thought-provoking debate—as indeed it was at Second Reading earlier this week. I find it increasingly difficult to recognise myself in the mirror in the mornings; I found it similarly difficult to recognise myself listening to some of the things said about me in this debate.