Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024

Debate between Baroness Scott of Bybrook and Lord Hayward

Monday 13th May 2024 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, in 2022, Parliament passed the Elections Act, which, among many other measures, introduced measures to amend the franchise to reflect the UK’s new relationship with the EU and protect the rights of UK citizens living in EU countries. Last year, two statutory instruments were passed, one for England and Wales and one for Northern Ireland, which flowed from that aspect of the Elections Act. These included new registration requirements for applications from EU citizens in England, Wales and Northern Ireland. The majority of these changes came into effect on 7 May.

I bring forward this instrument today to amend a drafting oversight in both regulations. This instrument will correct that oversight by replacing a flawed definition, thereby implementing the original policy intention. The erroneous definition has resulted in certain EU citizens with particular combinations of nationalities being legally required to provide immaterial eligibility information when they register to vote. For example, it will require an individual with French and Commonwealth dual nationality to provide this information despite them having the same voting eligibility as someone with a single Commonwealth nationality. That should not be necessary for a qualifying Commonwealth citizen, as they have voting rights in the United Kingdom. This is because the eligibility of an individual with more than one nationality to participate in elections is established based on whichever of their nationalities grants them the greatest voting rights.

One of the primary intentions of the two current instruments was to allow EU citizens who chose to make the UK their home prior to the end of the implementation period—that is, before the UK left the EU—to continue to have the same right to vote and stand. This group of electors is referred to as “EU citizens with retained rights”. People applying to register to vote under the retained rights criteria, referred to as “relevant EU applicants”, must make a legal declaration that they meet the criteria of an EU citizen with retained rights and that they have been legally resident in the UK since the end of the implementation period.

“Relevant EU applicants” were intended to be defined as individuals who are citizens of the 19 EU member states with which the UK does not have a reciprocal voting and candidacy rights treaty, and who are not citizens of Ireland, Cyprus or Malta. These exemptions exist because Irish citizens’ UK voting rights long pre-date the EU, while the voting rights of Cypriot and Maltese citizens derive from their Commonwealth citizenship.

The five countries with which the UK has voting and candidacy rights treaties are Spain, Portugal, Luxembourg, Poland and Denmark. Citizens of those countries will not lose their voting rights in the United Kingdom. However, due to an oversight, for which I apologise, the requirement to indicate that they fulfil the retained rights criteria unintentionally applies to particular applicants with dual nationalities. The current legal definition of a “relevant EU applicant” means that citizens of the 19 relevant EU countries who also have another nationality which is British or Commonwealth, excluding Cyprus and Malta, or citizenship of a treaty partner state are legally obliged to indicate that they fulfil retained rights criteria as part of their application to register to vote, even though that answer is irrelevant to determining their eligibility.

While this issue exists in law, if an application to register to vote from a relevant dual national is received by an electoral registration officer and the applicant has not indicated that they fulfil the retained rights criteria, that application would technically be incomplete. As such, the electoral administrator would have to get in touch with the applicant to require this information, even though the answer to the question will make no difference to the outcome of their application.

In practice, this issue creates the potential for confusion among applicants, who could object on the grounds that being asked to indicate that they fulfil retained rights criteria is unreasonable. Worse, this confusion could even result in people abandoning an application to register and disenfranchising themselves. It also creates the potential for an increased administrative burden on electoral registration officers.

This new statutory instrument amends the definition of a “relevant EU applicant” in the England and Wales regulations, as well as the equivalent term used in the Northern Ireland regulations. The new instrument defines a “relevant EU applicant” as someone who is: a citizen of an EU member state; is not a citizen of an EU member state which has a treaty with the UK and/or; is not a British citizen, a qualifying Commonwealth citizen or a citizen of the Republic of Ireland. This will provide an enduring resolution to the issue, by which the affected dual nationals I referred to earlier will no longer legally be required to provide immaterial information as part of their application to register to vote. Until this instrument comes into force, measures have been put in place to minimise the extent of the issue.

Having set out the background to this statutory instrument, I hope that the Committee will appreciate the need to swiftly make the straightforward legislative amendment. It will remove the legal requirement for certain dual national applicants to provide immaterial information and revert to the original intention of the regulations. I beg to move.

[Lord Hayward (Con)]

My Lords, I take this opportunity to welcome my noble friend Lady Scott, back to her position. We have missed her through many SIs that we have discussed in this Room at different stages, and we are pleased to see her back. That is particularly so, because a number of people in this Committee, not least my noble friend Lady Scott, as well as the noble Lords, Lord Rennard and Lord Khan, and the noble Baroness, Lady Bennett, helped me to pass the Ballot Secrecy Act through the Lords and the Commons. That Act was implemented for the first time at the elections on 2 May. Now that it has completed its course and been fully implemented, I express my appreciation to them for their involvement at one stage or another in achieving that legislation. I merely observe that, unfortunately, in my polling station there was no notice relating to the Ballot Secrecy Act, but I will live with that.

While that legislation was going through, I wrote to my noble friend the Minister, raising the question of comments made in a ministerial write-round. She said that she could not comment; I well understand that, and I do not expect her to do so now. However, in her absence—I am sure it is not because of it—I have since received clarification that the Electoral Commission’s counsel’s opinion was received by officials on 26 August, which was a month and three days before a ministerial write-round said that we had been given some “headline information”. However, I appreciate the clarification at last.

To come back to this SI, the noble Lords, Lord Rennard, Lord Wallace and Lord Khan, and I, met the new chief executive of the Electoral Commission a few weeks ago, and we discussed the sheer quantity of pages of statutory instruments that are being passed in relation to all elections law. This error—the Minister has acknowledged that it was an error, and that this is intended to put it put it right—indicates the sheer quantity of pages that one is dealing with. I make a request of whoever are the next Government: there is a desperate need for the consolidation of all electoral legislation. To be honest, it is a mess at the moment, which I think we all agree on. There may be slightly different interpretations on one or two matters, but there is no question but that elections law needs consolidation. In that meeting, the noble Lord, Lord Wallace, identified that we had considered in Grand Committee some 1,100 pages of SIs arising out of the Elections Act. It is impossible to give adequate scrutiny to that sheer quantity of legislation, and much of it arises from the lack of consolidation.

I seek specific clarification in relation to the one point that I wanted to raise. I referred just now to the elections of 2 May but I think I heard the Minister identify that this did not apply on 2 May. I think I heard her refer to the date of 7 May in terms of implementation, in which case my supplementary question becomes otiose—that is, did it have any implications for 2 May? Can my noble friend confirm that she used that date? I conclude with that question.

Councillors: Publication of Addresses

Debate between Baroness Scott of Bybrook and Lord Hayward

Wednesday 8th May 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, we have already enacted one of the recommendations from the Committee on Standards in Public Life, about candidates, but, as I said before, the issue of local councillors is more difficult, as we need primary legislation to change that. We are keeping our eye on when we can do it.

[Lord Hayward (Con)]

My Lords, I am pleased that my noble friend referred to democracy in general. Although we are here specifically discussing local councillors, is it not worth bearing in mind that, for example, Members of the House of Lords and other people in the public eye have faced threats? When discussing this with other government departments, we need to bear in mind the loneliness of families who are living in identifiable locations—their home addresses and the like—when their relatives or spouses are away in this or other places.

[Baroness Scott of Bybrook (Con)]

As far as families are concerned, my noble friend is absolutely right. That is why they are mentioned under the “sensitive interests” provision and protected in the same way as councillors. As far as the House of Lords and Peers are concerned, I will take that back to the relevant House officials.

Recall Petitions: Voter ID

Debate between Baroness Scott of Bybrook and Lord Hayward

Monday 10th July 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, there are many reasons why those people did not vote at that time. The Electoral Commission made clear in its interim report that it was satisfied, and it said that it needed further time for further evidence. Let us wait until November, as we said in legislation that we would, when we will get both the qualitative and the quantitative evidence.

[Lord Hayward (Con)]

My Lords, I do not agree on this occasion with the noble Baroness, Lady Hayter, and her comments about recall petitions. As I understand the law, there is a requirement that 10% of the electorate sign the petition, but the petition stays open ad infinitum until the conclusion of the period, despite the fact that the 10% threshold may have been met after five, six or seven days. Is there not a need to review the recall petition legislation in order to avoid unnecessary cost and duration of this process?

[Baroness Scott of Bybrook (Con)]

No, my Lords, I think my noble friend is wrong in this case. The Government feel that recall petitions should remain open even when the 10% threshold has been reached, mainly because if somebody gets a letter saying that they have a right to sign a petition, it should not be closed until the time given in that letter, and they should have their right to sign.

Elections: Voter ID

Debate between Baroness Scott of Bybrook and Lord Hayward

Tuesday 13th June 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

We took the good practice from Northern Ireland that has been in place for 20 years and we thought that it was correct and right for the integrity of our democratic system to bring it across the whole of the United Kingdom.

[Lord Hayward (Con)]

My Lords, I welcome the comment that my noble friend made in relation to the Electoral Commission report, which is due in the next few days, but is she aware of the Democracy Volunteers report, already published, which would appear to indicate deficiencies in terms of communications and publicity, particularly with the ethnic communities, and also, as indicated previously, that certain returning officers did not have adequate information as to what photo ID was acceptable at polling stations?

[Baroness Scott of Bybrook (Con)]

I am certainly well aware of that report and we will take into account any comments made and any evidence in it. We will also be doing quite a lot of talking to people who went into those polling stations and taking their views as we move through the review. What I have to say is that some local authorities were exceptional at reaching out to their communities in many different ways in order to ensure that people had full access to their polling stations We need to use that best practice across the whole of the local government sector.

Voter Authority Certificates

Debate between Baroness Scott of Bybrook and Lord Hayward

Tuesday 2nd May 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

It does not sound like normal practice. If the noble Baroness would like to give me some further details, I will look into it. I cannot discuss an individual case.

[Lord Hayward (Con)]

My Lords, I take this opportunity to thank noble Lords on all sides who supported the passage of the Ballot Secrecy Act, which was given Royal Assent a few moments ago. Further to this particular Question, can I ask my noble friend to re-emphasise the fact that those people who return, having previously been refused the ballot, will be recorded as well, so that there will be a clear record not only of those who are turned away but who return?

[Baroness Scott of Bybrook (Con)]

Yes, I am happy to repeat that: those who return with voter ID will be recorded.

UK Citizens Resident Overseas: Verification

Debate between Baroness Scott of Bybrook and Lord Hayward

Wednesday 29th March 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I beg noble Lords’ pardon—I should have said that they will need to be registered electors. Only those who have a genuine reason for doing that can do so. UK electors registered in this country or overseas, and UK companies, trade unions and other UK-based entities are the only people who can give donations. There can never be a way of checking where the money comes from. How would you do that?

[Lord Hayward (Con)]

My Lords, the Question from the noble Lord, Lord Wallace, relates effectively to the security of the ballot in one form or another. All parties in this Chamber and in the other Chamber have in recent months given their active and willing, I hope, support to the Ballot Secrecy Bill that was finally passed in the Commons last Friday. I would like to take this opportunity to thank all parties for their active support for that legislation, which secures, in another way, the secrecy of the ballot. I wonder whether my noble friend the Minister has any further information in relation to the progress of that Bill.

[Baroness Scott of Bybrook (Con)]

I thank my noble friend. As he said, the Bill was passed, and I am very pleased it was passed. I thank him for everything he has done in making sure that it got to the Commons. The next stage is Royal Assent. I am sorry that I do not have a date yet for that, but I think it is a good Private Member’s Bill and I look forward to it being given Royal Assent.

Leasehold Charges

Debate between Baroness Scott of Bybrook and Lord Hayward

Monday 20th February 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I thank the right reverend Prelate for that question; I do not know what is being done, but I will certainly get an answer. I know from personal experience that these pods can work very well, particularly for homeless people. In the short term and in bad weather, in local communities—even next door to local authority town halls, et cetera—they can give the shelter that is required during difficult times for very vulnerable people. However, I will get an update.

[Lord Hayward (Con)]

Many of the freeholders of the leasehold properties are councils, including Southwark Council, where I live. Many of the leaseholders have extreme difficulty in getting information on the nature of the charges. Will any guidance, or stronger, issued to freeholders and managing agents be clearly applicable to local councils as well?

[Baroness Scott of Bybrook (Con)]

My noble friend is absolutely right, and the department is fully aware of these issues. I cannot talk about an individual case, but we recognise that too many landlords are failing to provide sufficient information to leaseholders, who should have a right to that information, as stated in their lease. The Government do not think that existing requirements go far enough to enable leaseholders to find out about these issues, and we will take action to support and empower them in the future.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Hayward

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

[Baroness Scott of Bybrook (Con)]

My Lords, with respect to Amendments 31 to 33 and 38, under the current law, a person who is nominated as a candidate must give their full name. They may also provide a commonly used forename or surname, which must be different to any of the names already given, that they would like to have included on the ballot paper. My noble friend Lord Hayward has highlighted that this does not, for example, facilitate the use of a middle name where someone is commonly known by such a name.

My noble friend’s amendments would widen the scope of the current provisions concerning the use of commonly used names by candidates. They would allow a person to include on their nomination paper any name that they commonly use as a forename or surname. For example, under this amendment, a candidate would be able to choose to use their middle name if that is a commonly known name for them. A candidate may also use a commonly used forename and surname on the ballot paper.

When my noble friend raised this issue in Committee, the Minister, my noble friend Lord True, indicated that the suggestions had some merit. After further consideration, I am pleased to say that the Government consider that these are sensible changes and we are able to support my noble friend’s amendments.

[Lord Hayward (Con)]

My Lords, I note the welcome for that from all sides of the House. I am getting slightly embarrassed—this is the second time this afternoon that I have had support from all sides of the House on amendments I have put forward. I thank the Minister for her support and favourable response.

Elections Bill

Debate between Baroness Scott of Bybrook and Lord Hayward

Lords Hansard - Part 1 & Committee stage
Monday 28th March 2022 Lords Chamber

[Lord Hayward (Con)]

Before my noble friend moves off that point, and picking up a comment made by the noble Lord, Lord Scriven, although I have referred on a number of occasions to Tower Hamlets, I have done so because that is the most extreme example. Does my noble friend agree that there are other examples of election offences around the country which may be considered minor, but are indications of the sort of problems we are facing in a number of areas?

[Baroness Scott of Bybrook (Con)]

Issues from around the country that we need to take note of have been brought forward in this Committee.