Indemnity for Returning Officers and Acting Returning Officers: UK Parliamentary Elections
Chloe Smith Excerpts(3 years, 10 months ago)
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The Minister for the Constitution and Devolution (Chloe Smith)
It is necessary for the Cabinet Office to indemnify returning officers in England, Scotland and Wales against uninsured claims that arise out of the conduct of their duties in the course of a UK parliamentary election or by-election. This is because for purposes of UK parliamentary elections, returning officers and acting returning officers throughout Great Britain (referred to below as “ROs” and “AROs”) are statutorily independent officers. They are separate from both central and local government. As a result, they are exposed to a variety of legal risks varying from minor claims for injury, to significant election petitions and associated legal costs.
ROs and AROs make their own arrangements to insure themselves against any risks they face in taking forward their statutory duties at local and UK parliamentary elections. The cover obtained usually forms part of the local authority’s own insurance arrangements. While this insurance will cover certain risks to which ROs and AROs may be exposed at UK parliamentary elections, they could ultimately be liable for claims of a type not covered by insurance policies. They could also be liable for claims that exceed the insurance limits in existing cover.
In the light of this, the Cabinet Office proposes to continue to provide ROs and AROs with a specific indemnity for UK parliamentary elections to supplement the insurance policies that have been arranged locally. On this basis, I have today laid a minute setting out the Cabinet Office’s intention to extend the current arrangements which indemnify ROs and AROs against claims that arise out of the conduct of their duties in relation to UK parliamentary elections.
The indemnity will cover ROs’ and AROs’ costs (including reasonable legal costs and reasonable expenses) incurred in connection with a UK parliamentary election, which arise in relation to their discharge of responsibilities as RO or ARO but fall outside of the scope of the insurance cover which they have arranged locally, and where all other forms of recourse have been exhausted. The indemnity will be limited to the extent set out in the departmental minute.
The indemnity will cover costs arising in relation to UK parliamentary elections, including byelections, where the date of the poll is on or before 1 May 2024. The indemnity is subject to exceptions identified in the minute, but is unlimited in terms of the maximum amount it covers per claim. If the liability is called, provision for any payment is to be met from the Consolidated Fund.
It is normal practice, when a Government Department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a departmental minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency. The Treasury has approved the proposal in principle.
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Elections: May 2021
Chloe Smith Excerpts(3 years, 10 months ago)
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Cat Smith (Lancaster and Fleetwood) (Lab)
(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the May 2021 elections.
The Minister for the Constitution and Devolution (Chloe Smith) [V]
Safe and secure elections are the cornerstone of any democracy, and Parliament’s decision, as set out in primary legislation, is that these polls should go ahead in May. Due to the pandemic, many of these elections have already been delayed by a year, but voters have a right to be heard and to decide who governs them. During the pandemic, local authorities will have taken many serious decisions impacting directly on residents, on matters from council tax to road closures, and those are important issues on which elected representatives should be held to account.
Given the situation, however, we are, as the Prime Minister set out last week, keeping this position under review. Any change would require very careful consideration, including by this House, and would need to be based on robust evidence. There should be a high bar for any delay.
I remind the House that we have already seen polls go ahead despite coronavirus, in this country—for example, council elections in Edinburgh and Aberdeen—and internationally, with other countries holding general elections. Since the announcement of the postponement of the 2020 elections, we have been working towards holding them in a covid-secure manner, and we will put in place a strong set of measures to support this. Voters have a choice as to how they participate in elections—at the polling station, by proxy or by post. We want to maintain that choice, but we recognise that the pandemic may change people’s needs and preferences. We actively encourage anybody who is shielding or who would prefer not to attend a polling station to apply for an absent vote instead of going in person. We will bring forward additional measures to support absent voting, including extending the ability to appoint a proxy, so that anybody who might be affected by covid-19 in the days before the poll is still able to make their voice heard. The Government this week set out our plan to roll out vaccines at pace, which will ensure that the most vulnerable are protected and provide a route map towards relaxing the restrictions when safe to do so.
We have worked closely with the Electoral Commission on the production of guidance to aid all involved. This guidance is based on the latest public health advice and will be updated as necessary ahead of the polls. We have been working across Government to ensure that any activity required for participation in and the delivery of the polls is technically allowed under covid regulations. I thank local government officials, who have stepped up to the mark enormously in dealing with new and challenging issues, in many cases since last March. That should be recognised. We are grateful to them for all the work they have done, and we will continue to work closely with them and all involved in elections to support them in delivering the elections successfully.
Finally, hon. and right hon. Members will know very well the importance of campaigning and providing information to voters. As well as the technical aspects of elections, voters rightly expect that campaigning activity should only be carried out safely. I can confirm that the Government have also worked with the parliamentary parties panel to ensure that we are aware of the views from political parties, and we will continue to do that. We recognise the importance of parliamentary scrutiny of this area. We will continue to keep the House updated on the preparations for the safe holding of these elections, which are an important upcoming moment in our shared civic life.
Cat Smith
It is a pleasure to see the Minister respond to the urgent question. I wish her well with her continued recovery.
As the Minister set out, elections have been suspended for more than a year, and a record number of polls are now set to take place on the same day, with every elector able to cast a ballot in one election or another. It is deeply disappointing that the Government have failed to provide clarity on how these polls will be covid-secure.
Clarity is urgently needed by local councils, electoral staff, candidates, campaigners and, of course, the public. This is yet another example of the Conservative Government being too slow to act. Ministers have had many months to make the necessary changes to protect our democratic process. Instead, they are treating these elections like business as usual. Across the world, countries have demonstrated that elections can take place safely with the right safety measures in place. National elections were held in the US, New Zealand, Singapore, Iceland and Lithuania last year. Labour has consistently called for safer voting methods to be introduced, including voting over multiple days and an all-postal ballot. Will the Minister explain why the Government have taken no action so far? Will she also confirm whether the Conservative party chair took advice from Conservative party candidates about the timeframe for a possible delay? The scheduling of elections should come above party political advantage.
Will the Minister confirm, in no uncertain terms, that these elections will not be postponed in an irresponsible, last-minute U-turn? Unless councils are informed of changes in good time, unnecessary expenditure will be wasted on the printing of poll cards and other preparatory work. Given the crippling Government cuts, councils simply cannot afford to be caught on the hoof here. Electoral staff have expressed deep anxiety about running these elections safely without additional funding, so will the Minister produce clear guidance and training for local authorities about how to make polling stations and the count covid-secure?
High numbers of electoral staff are volunteers, with many in the high-risk category under covid-19 guidance. Does the Minister expect at-risk people to risk their health to support the safe running of these elections? The Welsh Labour Government have been working to ensure that elections can still go ahead safely. What steps have the Government taken to co-operate with the devolved nations? Finally, does the Minister share my concern that the Government’s lack of preparation will force many people to choose between their health and their right to vote?
Madam Deputy Speaker (Dame Eleanor Laing)
Before I call the Minister to answer, let me say that the hon. Lady took rather longer than the time allocated to her. I simply warn everyone taking part in the statement today that I will not allow long questions or speeches from people who are meant to be asking questions. I know that the Minister will give short answers. I am determined that in one hour, we will get all 25 people on the Order Paper in to ask their questions. If we do not, those who do not get to ask their question can blame those who took too long in asking theirs.
Chloe Smith
I will do my best to help you to get this moving as quickly as we would all like, Madam Deputy Speaker. First, on a personal note, may I thank the hon. Member for Lancaster and Fleetwood (Cat Smith) for her support? It is nice of her to say. I have been grateful for lots of support from across the House as I have treatment for breast cancer.
On the hon. Lady’s questions, however, I am afraid that she is wrong to take a party political position on this issue. The Labour party has perhaps been so busy telling itself a story that it has been spinning that it has not looked at how we can actually get it right. It is simply not the case that there has been no action. If she had listened to my opening statement, she would have heard that loud and clear. I absolutely agree that it needs to be done in good time, and it has been. As I have set out in the House, in parliamentary questions and in working with, for example, the election administration sector, there is a record of all the preparation that has been done and that is being taken careful account of ready for May.
The hon. Lady asked specifically whether there will be clear guidance. As I said, there will be. She rightly asked about staff, who are of course a concern. Naturally, we want to make sure that staff in any employment sector are protected in their workplace, as has been the case during the pandemic across the breadth of business sectors, public and private, up and down the land. That is being accounted for in the careful planning.
The hon. Lady also understandably asked about co-operation with the devolved Administrations, because elections are taking place in England, Scotland and Wales. Although it is naturally not my responsibility to answer for the polls in Wales and Scotland, I hope that a sensible position can be achieved that allows voters the clearest opportunity to go to the polls and, as I said, to hold those who have the privilege of governing them to account. That is important in these elections. It is my intention to carry on working in the collaborative way that I do with my counterparts in those Administrations to assist that happening across the Administrations wherever it is needed.
Finally—I will not dignify it with more of a response than this—the very idea that somebody would be forced to choose between their health and their vote is simply not an issue in this case. It degrades the debate we ought to be having about how to have sensible elections, and it undermines the sensible work that has gone on by those who are responsible for running elections across the country, to whom I pay tribute.
Mr William Wragg (Hazel Grove) (Con)
On behalf of the Public Administration and Constitutional Affairs Committee, I send our best wishes to my hon. Friend for her recovery. I ask her to reflect on the legal maxim that justice delayed is justice denied, and that democracy delayed is democracy denied. Will she ensure that, if there is any possibility of delay, it will be for the shortest possible time? After all, this is one situation to which an algorithm, no matter how finessed, will not be the answer. Can she confirm that any delay to elections in England will require new primary legislation?
Chloe Smith
It is the case that a new election date would require a change in legislation. For that reason, we can all understand that the bar for change would have to be quite high. I pray in aid the point that elections have already been held in this country and other countries, so we have seen that elections can be held. As I say, the bar for change ought to be set fairly high, in addition to the point about primary legislation.
I thank the Chair of the Select Committee for his kind words and for all his and his Committee’s work. I also thank him for his important underlining of the maxim that democracy is very important indeed and should not be delayed disproportionately.
David Linden (Glasgow East) (SNP)
We look forward to seeing the Minister back at the Dispatch Box; much as I like the Leader of the House, he was a poor substitute throughout the final stages of the Parliamentary Constituencies Bill.
Last month in Holyrood, legislation was endorsed by all parties to establish contingency measures in respect of May’s elections. The legislation was developed with the Electoral Management Board for Scotland and the Electoral Commission and makes provision for an earlier deadline in respect of postal voting applications, given the increased demand that would be expected. Dissolution will not take place in March but instead on the eve of the poll, to allow Parliament still to function and pass emergency legislation in what is clearly a very volatile situation. There is scope to allow polling to take place over more than one day, if needed, to support physical distance in polling stations.
At the moment, it is our expectation that elections can go ahead as planned, but I think we would all agree in this House that it is prudent and responsible to ensure that we have planned for every eventuality, so that the poll can be conducted safely and indeed fairly during the pandemic. Although we in the SNP have no skin in the game in terms of what happens at elections in England, it is clear that this Government are less well prepared for an election that cannot be treated as business as usual. Has the Minister looked at the measures adopted in Scotland, and will the Government be following suit with similar primary legislation to ensure that voter safety and confidence can be maintained during this year’s election?
Chloe Smith
I thank the hon. Gentleman for his words; it is good to see him, and I look forward to being back. I also thank him for making sure that our House is kept informed of what is going on in Holyrood. It is important that we have that mutual awareness, but may I gently pick him up on the idea that this Parliament and this Government are in some way less prepared? That is simply not the case.
There is a very full record of preparation that has gone on to ensure that the elections for which we are responsible will be a success. I laid that out in my statement and, as I undertook, I will be keeping the House further updated with more as it comes forward, for example in terms of guidance. However, I can certainly assure the hon. Gentleman that I am aware of those parallel plans and, as I said in an earlier response, I also intend to continue working collaboratively with my opposite numbers in the two other Administrations to ensure that, wherever sensible, we have the right kind of co-operation.
Joy Morrissey (Beaconsfield) (Con) [V]
Over the past year, as the Minister mentioned in her opening remarks, elections have successfully been held in the United States and across Europe, and indeed Germany is set to hold its elections in a few months’ time. Does my hon. Friend therefore agree that if these countries are able to successfully hold their elections, there is no reason for us not to do so?
Chloe Smith
That is a very important point. We have these examples going on, and elections have successfully been held both inside our country and around the world. It is important therefore to remember that people have that appetite to cast their vote and that it can be done safely, and that is what we are working towards.
Tim Farron (Westmorland and Lonsdale) (LD)
It is great to see the Minister; on behalf of my colleagues, I wish her all the best for a full and speedy recovery. I am personally very keen to have elections in May and even keener that the Government make the decision now and stick to it. Clarity is important to stop the uncertainty that leads to instability within local authorities up and down the country. What adds to that instability, in three parts of England—Somerset, Cumbria and North Yorkshire—is a ludicrous plan for a top-down reorganisation of local government in the midst of a pandemic. Does the Minister agree that it is far wiser for those authorities to focus on delivering social care, education, housing and economic development, rather than labouring under a pointless, badly-timed, top-down reorganisation?
Chloe Smith
I will not anger you, Madam Deputy Speaker, by going too deeply into another Department’s brief, but I will undertake to raise that point with my colleagues in the Ministry of Housing, Communities and Local Government.
Bob Blackman (Harrow East) (Con) [V]
My hon. Friend will be well aware that it is about not just 6 May when elections are held, but the deadline date of 29 March when the elections are advertised. Will she undertake to keep the House updated on the position so that, if these elections have to be delayed at all, that is done in a timely fashion and everyone can plan for them appropriately?
Chloe Smith
Yes, I certainly am giving that undertaking to the House today, and I am keen to do that because it is extremely important. My hon. Friend makes the right point about the lead-in that there is to any election. To the example of the date he gave I can add that there is a huge tail of logistical organisation that has to go on, to ensure that there are the right venues; that the right materials have been produced, printed or distributed; and that staff have been recruited. All that is the stuff of running elections. It is a huge amount of work, for which, as I say, I thank officials across the country. His point reminds us that we therefore have to give people guidance in good time, which is what I am undertaking to do. That is in addition to the preparation that has already been ongoing for the past year to ensure that we are looking at covid-secure elections this May.
Kerry McCarthy (Bristol East) (Lab) [V]
I, too, extend my best wishes to the Minister. Bristol has a particularly complicated set of elections coming up. We have the all-outs for councillors; the mayoral election; the West of England Combined Authority metro mayor election; and the police and crime commissioner election. That would be difficult enough for people to get their head round in ordinary times, so what extra support will the Minister be able to give to local authorities such as Bristol’s to try to ensure that people understand what they are voting for and quite what is up for election? I am thinking, in particular, of those who perhaps do not have the best command of the English language, and those who have visual disabilities or other reasons why this would be particularly tricky for them.
Chloe Smith
I am grateful for that point and for the hon. Lady’s personal wishes. She rightly says that at any election there is a need to make sure that the public are well informed of what it is for, how to go about it and how to have their voice heard. The Electoral Commission, will, as always, be performing that role ahead of this election. That is in addition to dealing with the specific circumstances of this year, where, as I have said, we will be working together to ensure that there is the right guidance to help people approach these elections with safety, as well as the usual election issues, in mind. All of that together is absolutely the work ahead of us. This is made a little more complicated by the fact that this is already, in part, a postponed set of elections. This House took the decision to postpone a set of elections not at all lightly, in the knowledge that greater complexity would arise later, and that we cannot keep postponing elections and then have to be able to lay the plans and deliver them successfully. That is what we are now doing.
Jane Stevenson (Wolverhampton North East) (Con) [V]
Obviously, candidates for these elections are keen to get their message across. The Conservatives have rightly suspended in-person campaigning, and I believe the Labour party has taken similar action. Does the Minister share my concern that Liberal Democrat activists are being encouraged to do face-to-face campaigning at the moment? Will she seek agreement between parties to put candidates on a level footing and ensure that all campaigning is absolutely safe?
Chloe Smith
I thank my hon. Friend for that point, as it is important. This goes to the heart of the fact that voters expect to be able to participate safely in elections, and at a time such as this they expect everybody to play their part in that, so I fully endorse the way she has put that question. What I will be able to do assist voters in this case is to work with the Electoral Commission to provide guidance on the safe, technical delivery of polls. I am also inviting political parties to play a responsible role, in ensuring that they are providing information to voters in a safe way that does them the credit they deserve of an important moment of choice, but one that takes place in unusual times.
Mrs Emma Lewell-Buck (South Shields) (Lab) [V]
There is a history with this Government of treating disabled and vulnerable people as an afterthought, so it is not surprising that today the Minister has not offered any real detail on how they are going to ensure that everybody who is shielding can play a full part in these elections. When will that detail be forthcoming?
Chloe Smith
I referred to this in my opening statement, and proudly so. I am pleased that the hon. Lady has emphasised it once again; she is right to do so, and I fully share her concern that it should be delivered. Therefore, I will be bringing to the House the relevant piece of secondary legislation that allows people to extend their application for proxy voting. I look forward to discussing the details with her. But prior to such a change, I think the first point is actually to say that absent vote arrangements already exist. As I said in my opening statement, I encourage anybody who is concerned about physically attending the polling station this year to apply now for a postal vote so that they have it in hand. Those are the ways in which we can help everybody to be confident and comfortable at these elections, which is what we must do. These elections are a very important moment and should not be delayed. They should be supported to be a success, and that is precisely what we are doing.
Jacob Young (Redcar) (Con)
Redcar and Cleveland have been left without an elected police and crime commissioner for a number of months after our Labour police and crime commissioner resigned following an investigation into him. As last year’s elections were postponed, there will be a knock-on effect on the length of term faced by both the Tees Valley Mayor and the PCC for Cleveland, who are both now facing three-year terms instead of four. May I urge the Government to consider reviewing these term lengths in the event that there are any further delays to the elections? The Labour party has left Cleveland police in a mess, and it will take us enough time to fix it.
Chloe Smith
I am grateful to my hon. Friend for raising this point, because he reminds us of the consequence of the first postponement. It is therefore important to think this issue through carefully again, rather than to reach easily for the argument for yet more delay. He will have heard me say clearly that I am not in favour of delay and I think that there are very strong arguments for the elections to be able to go ahead safely, so it is not my intention to have to do as he asks. None the less, I will take his point away and discuss it with colleagues in the Department responsible—the Home Office—so that his concerns can be properly understood.
Mr Toby Perkins (Chesterfield) (Lab) [V]
It is a great pleasure to see the Minister on the road to recovery; I wish her well. Does she agree that, for these elections to have validity, we need people not only to be able to vote in them safely, but to be able to campaign in them safely? Will she do a lot more than what she has laid out so far and work with the other political parties that will be competing in these elections in England to ensure that there is agreement about a way in which the elections can be held safely and which can allow political parties to campaign in them as fully as possible?
Chloe Smith
I am very grateful for the tone that the hon. Gentleman strikes. It is important that there should always be a level playing field in our elections; that is a critical principle of our democracy. I am therefore keen to secure the kind of cross-party consensus of which he speaks. If he and his Labour colleagues would like to begin by creating that today, that is excellent. In addition to what I have said today, I point him to the written ministerial statement that I provided to the House late last year, in which I referred to the technical area of spending limits. Given the circumstances, it would be quite understandable if parties and candidates wished to be able to use more digital methods this year to campaign and properly communicate with voters. I hope that that piece of information will be helpful to the hon. Gentleman in thinking through how voters can be assisted to get the widest range of information ahead of these polls.
Mr Peter Bone (Wellingborough) (Con) [V]
It is very good to see the excellent Minister at the virtual Dispatch Box. Here in Northamptonshire, we have a problem. Two new unitary authorities will be created on 1 April. If the elections are delayed, I assume that that council will be governed by the shadow authority. Those councillors will be going into their seventh year without being re-elected, so I hope that we can press on with the elections on the right date. Could the Minister look at the possibility of allowing candidates to use freepost delivery through Royal Mail for their election literature, as that would be safe and would help in the campaign?
Chloe Smith
I am grateful to my hon. Friend for his kind comments and for again underlining the consequences of there already having been a delay to these elections. He makes a good point about the use of Royal Mail, which gives me the opportunity to reassure the House that my officials and I are in touch with Royal Mail to be sure that it is part of elections—for example, postal votes will be capable of being delivered properly, which is, of course, what voters would expect. I will take away his point about those particular elections and election addresses to give it proper consideration, but I would note that there are already many ways of providing information to voters in a safe manner that I hope can be made use of.
Charlotte Nichols (Warrington North) (Lab)
In Warrington, all-out borough council, parish council and police and crime commissioner elections were due to take place last May but were delayed until this year and risk being delayed again if the Government fail to get a grip on covid transmission, particularly in the light of this new strain. In the US, early voting and drive-through ballot boxes enabled a historically high turnout. The Government have had many months to prepare and adapt to protect our democratic process, so why have they failed to take the initiative and introduce changes following successful international models to ensure no further delays for voters in Warrington and elsewhere?
Chloe Smith
Labour Members here today are so keen to paint a picture of delay that they are not seeing the wood for the trees. The point is that a whole set of preparation has already been laid. If the hon. Member were to speak to her colleagues in the Welsh Labour Government, she would know that those colleagues and I have already had extensive discussions about the merits of, for example, early voting. I have also had those conversations with administrators across the relevant area, who do not necessarily share the merits of that argument. I do not think there is a clear case for early voting, because it introduces extra complexity at a time when what voters need is polls delivered safely and easily.
I also take this opportunity to emphasise that I have considered the case for all-postal ballots, which has occasionally been raised in the House, but there are some drawbacks to that—namely, that it would prevent people from being able to exercise their preference of how they vote at elections. As I said at the outset, it is important to help people to take their preferred choice in how they vote. That is why our comprehensive set of preparations gives rise to people being able to apply as early as they wish for a postal vote, and I encourage people to do so; to take advantage of new arrangements for a slightly extended proxy scheme, which makes sure that nobody would be excluded; and, finally, to vote in person if they wish, at which point polling stations will be covid-secure.
Alec Shelbrooke (Elmet and Rothwell) (Con) [V]
May I say how delighted I am to see my hon. Friend in her usual robust style with a good grip on her brief? Following on from the previous question, in terms of those who are pushing for a full postal vote election, what would be the lead time to put that in place? I assume that quite a lot would have to be done to make everybody vote by post in this election.
Chloe Smith
Yes, there is a lengthy lead time, and it would require a lot to be done. I do not think it is the right thing to do, so I can confirm to the House that any such preparation has not been laid for that.
Martyn Day (Linlithgow and East Falkirk) (SNP) [V]
It is extremely important that the democratic process is able to go ahead if it is safe to do so. Does the Minister agree that we need to make voting as safe as possible? What more needs to be done to encourage greater take-up of postal voting and to ensure that the applications can be processed in time?
Chloe Smith
I am grateful for the tone that the hon. Gentleman strikes, because this is critically important. I would like the message to go out loud and clear across our parties that postal voting will be a sensible option at these elections for obvious reasons. As I said, the Electoral Commission will also play a large part in this, with its usual role of public information campaigns ahead of all polls, and in this case we are already drawing up the ways in which we will encourage the public to apply for absent voting arrangements.
Andrew Griffith (Arundel and South Downs) (Con) [V]
Does my hon. Friend agree that, with Great Britain seen as the gold standard for well-organised elections and the peaceful transfer of power, it should be perfectly possible to run a covid-secure set of local elections, having had over a year’s notice to prepare for them?
Chloe Smith
Yes, it is possible, and that is precisely what we are doing. I am very glad of my hon. Friend’s support for that.
Feryal Clark (Enfield North) (Lab) [V]
Across the world, postal votes have been a crucial part of delivering covid-safe elections. In the UK, however, postal vote application forms require physical printing to return the form, creating a significant barrier to many who do not have access to a printer. For the clinically vulnerable, this may be their only route to register. What steps are the Government taking to introduce fully digital application forms for postal votes?
Chloe Smith
I really welcome the hon. Lady’s question, because she clearly displays an important knowledge of the subject that is ahead of us. I am looking at this particular area for the polls that are ahead. It is not something necessarily that is capable of being delivered for these May elections, but it is something that I am looking at for the future, so I look forward to keeping her closely informed as that development goes on.
Angela Richardson (Guildford) (Con) [V]
I love campaigning, but when the national lockdown was declared, I stopped campaigning as that was the right thing to do. I was therefore incredibly disappointed to see not one, not two, but several examples of the Liberal Democrats across the country exploiting a loophole to keep delivering literature. Does my hon. Friend agree that the messaging is perfectly clear: stay home, protect the NHS and save lives?
Chloe Smith
It is really important to emphasise that point in the midst of this debate. We are having this debate because we are in a public health crisis and in a pandemic, and we therefore have a duty to the public to ensure that important civic functions, which include elections, go ahead only in a safe way. That is what we are absolutely committed to delivering in this case. It is also important that political parties play their part in that, as so many other workers and volunteers across all sorts of sectors across the country over the months have been able to do. It is that kind of behaviour that we will also have to look for in the delivery of these important events this spring.
Matt Western (Warwick and Leamington) (Lab)
May I also wish the Minister a speedy and full recovery? With numerous elections due to take place across the different parts of the United Kingdom, it seems that the Government are a barrier to the critical changes needed to our voting methods to deliver covid-secure elections. For example, the police and crime commissioner elections are the responsibility of the UK Government, making it impossible for the Welsh Labour Government to introduce new voting methods without causing widespread chaos and confusion on polling day. Can the Minister explain why the Government have so far failed to heed the calls from the Welsh Labour Government to make voting safer in the upcoming polls?
Chloe Smith
I do not think I recognise the picture that the hon. Gentleman paints. I can assure him of my very good relationships with Julie James and other colleagues in the Welsh Government. Indeed, I am expecting to speak to Julie later this week, so, should there be some fundamental misunderstanding about how we can all deliver polls safely, I look forward to taking that up with him and with her.
Ben Bradley (Mansfield) (Con) [V]
We cannot predict the future or be totally certain of what the situation will be in May, but I am pleased that my hon. Friend is looking at all sorts of options in order to be able to do this on time. Elections are vital in any democracy and we are already a year behind. Some have called for a further year’s postponement, which would seem to fly in the face of our democratic processes. Can she assure me that, if any delay is required for health reasons, it would not be an arbitrary or lengthy postponement but the minimum possible time so that we could hold the votes as soon as possible?
Chloe Smith
Yes, I can give that commitment. As the House will, I hope, have heard me say clearly today, I am not saying that the polls are to be postponed or that they should be postponed; we are carefully keeping the situation under review. I hope that, in answer to several questions today, I have been able clearly to make the point that that needs to be done carefully and that that is what we are doing.
My hon. Friend makes the excellent additional point that we cannot take this lightly. We have already postponed a set of elections once; we cannot postpone democracy forever. Voters expect to be able to have their choice and they shall have their choice. We have to be able to apply ourselves to running covid-secure elections, which is precisely what the comprehensive set of preparations that I have been leading has been doing, and I will be able to keep the House updated on that basis.
John Redwood (Wokingham) (Con) [V]
I strongly support the Government’s plan to go ahead with the May elections, which are crucial to our democracy. Given that many more people may well need or want a postal vote, will the Minister bring forward, before the elections, measures for enhanced security? There are worries about fraud and it is surely important that anyone who exercises a postal vote should have just the one vote and they should make the decision.
Chloe Smith
I welcome my right hon. Friend’s vigilance on electoral fraud, which is extremely important. We all want all forms of voting to be secure, and it is helpful of him to point out the fact that postal and proxy voting should be just as secure as when someone casts their vote in person at a polling station. In respect of both the elections we are discussing today and future elections, this issue is a top priority of mine. My right hon. Friend can look forward to the measures that I will bring forward, in line with the Conservative party manifesto, to improve the security of our postal and proxy voting systems and some other aspects of electoral integrity. We look forward to much longer discussions on those issues.
Liz Twist (Blaydon) (Lab)
The upcoming local elections will see a record number of elections with various different voting systems in use on the same day. In normal times, this would cause an immense logistical challenge; given the added pressure caused by the need to run safe elections during a pandemic, will the Minister outline why local authorities have not been given any additional funding to ensure that voters are able to exercise their democratic right without risking their health?
Chloe Smith
[Inaudible.]—based on an inaccuracy. Up until November last year, the Government had provided a total of £4.3 billion to local authorities to help with pandemic costs, and on 17 December last year the Ministry of Housing, Communities and Local Government allocated to councils in England a further £1.55 billion non-ring-fenced grant for covid-19 pressures, which explicitly included the concept that the money might need to be used to support the running of covid-secure local elections.
Brendan Clarke-Smith (Bassetlaw) (Con) [V]
I thank the Minister for clarifying the situation regarding the prospect of all-postal votes. Can she reassure the House that steps have been taken to address previous concerns expressed about this method of voting?
Chloe Smith
Yes. There have been some trials of all-postal voting in the past, under a previous Government. My officials and I have looked at that evidence, and we will continue to look at any other evidence that is provided. As I said in answer to an earlier question, I do not think all-postal voting is the right way forward—it takes away from people an element of choice as to how they wish to cast their vote—but I hope that my reassurances about the importance of electoral integrity generally and about making sure that any method of casting a vote is absolutely secure are helpful to my hon. Friend and to the House more generally.
Janet Daby (Lewisham East) (Lab) [V]
What steps has the Cabinet Office taken to ensure that people who are asymptomatic of covid-19 and instructed to self-isolate are able to cast their vote? Will the Minister consider changing emergency proxy voting rules to enable those testing positive on the day of the election to vote via proxy?
Chloe Smith
This is an excellent point on which to end the session. This is exactly the measure that I was referring to earlier that will complete the set of preparations to enable that to happen for anybody who might be affected by covid-19 in the few days before an election, when, traditionally, it would have been too late to apply for an absent vote. The details of this scheme will be coming to the House shortly. This also allows me to recap on the point that I have been making throughout this session, which is that to change the date of these elections at this stage would require primary legislation, which is a high bar and it is not something to be taken either lightly or quickly, and I know that the House will understand that. That is why we are keeping this point under review. Clearly, given the Prime Minister’s announcements of further national restrictions, circumstances have changed, but we are taking a careful review of the situation, being conscious of the timescales that would be required to make any changes were they strictly necessary. I also hope the House will have understood from my tone that we are all extremely keen to ensure that democracy goes ahead and does not suffer further delays. I look forward to bringing those other details to the House, as such scrutiny is important and hon. and right hon Members have a close interest, as we all should, in helping our residents be best informed about the choices in front of them.
Madam Deputy Speaker (Dame Eleanor Laing)
I am delighted to note that we took exactly the right amount of allocated time for that statement. I am extremely grateful to all colleagues for their brief questions and, in particular, to the Minister for her brief and timely answers. I am sure that all colleagues join me in wishing her well and saying how good it is to see her looking so healthy and full of energy. We look forward to seeing her back here with us as soon as possible. [Hon. Members: “Hear, hear!”]
In order to allow the safe entry and exit of Members, Ministers and spokesmen, I will suspend the House for three minutes.
Government Transparency and Accountability
Chloe Smith Excerpts(3 years, 11 months ago)
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The Minister for the Constitution and Devolution (Chloe Smith)
Since 2010, the Government have been at the forefront of opening up data to allow Parliament, the public and the media to hold public bodies to account.
Despite the need to reprioritise resources to respond to the covid-19 pandemic, tremendous progress continues to be made this year by central Government Departments in publishing core transparency data. Such online transparency is crucial to delivering value for money, cutting waste and inefficiency, and ensuring every pound of taxpayers’ money is spent in the best possible way.
The Government will continue to look at how the range of information published by the Government can be improved and made as useful as possible to the public, press and Parliament.
The following subject areas include documents and information that the Government are due to publish, or which have recently been made available.
Ministerial Transparency
The Government are today publishing an updated list of ministerial responsibilities.
Transparency on Senior Officials and Special Advisers
An annual list of salary details for senior public officials in Departments and arm’s length bodies earning £150,000 and above will be published today. These Government organisations need to be able to attract high-calibre people who can deliver quality services and drive forward projects in a way that represents true value to the taxpayer. However, very high salaries in the public sector must be justified, so it is important that we publish this information and allow it to be scrutinised.
In line with legislation, an annual list of current special advisers and their costs is being published. Special advisers are a critical part of the team supporting Ministers. They add a political dimension to the advice and assistance available to Ministers while reinforcing the impartiality of the permanent civil service by distinguishing the source of political advice and support.
Transparency in the Civil Service
The Government are publishing new annual figures on gender pay differentials across the civil service. Our gender pay gap continues to narrow and is still significantly lower than the private sector, but we know there is more to do so continue to work hard to tackle this. In recent years we have introduced blind recruitment, advertised all jobs as flexible and continued to review recruitment policies to ensure fairness and equality.
Demographic data of the 2019 civil service people survey, an annual survey of our employees’ attitudes and experiences of working in the civil service has also been published. The employee engagement index was 63% in the 2019 people survey, the highest it had been since the survey began in 2009.
Transparency on spending
Departments have published routine prompt payment data, demonstrating our continued commitment to supporting businesses by ensuring they are paid on time. Departments will also be publishing routine spend data.
The Government have begun publishing the top three key performance indicators for central Government’s most important contracts.
Transparency in public procurement
Transparency is a key principle of public procurement. Openness underpins accountability for public money, anti-corruption and the effectiveness of procurements. Long planned reforms in our Green Paper on transforming public procurement, published today, will ensure open and transparent contracting.
Transparency on delivery
HM Treasury will today be publishing new priority outcomes for each UK Government Department. These capture the Government’s long-term policy objectives, from reducing crime to improving education standards across the country.
These outcomes and metrics include cross-cutting outcomes and shared metrics in areas where closer working between Departments would achieve better results. This reflects the Government’s commitment to breaking down silos and enabling stronger collaboration between Departments. Citizens will be able to track performance against finalised outcomes through public reporting.
Copies of associated documents are being placed in the Library of the House and will be published on gov.uk.
Further transparency publications will be published in the new year, in the usual way.
[HCWS654]
European Union (Withdrawal) Act and Common Frameworks Report
Chloe Smith Excerpts(3 years, 11 months ago)
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The Minister for the Constitution and Devolution (Chloe Smith)
I am today laying before Parliament a report, The European Union (Withdrawal) Act and Common Frameworks: 26 June 2020 to 25 September 2020’. I am laying this report because it is a legal requirement under the EU (Withdrawal) Act 2018 for quarterly reports to be made to Parliament on the progress of the work to develop common frameworks. The report is available on gov.uk and details the progress made between the UK Government and devolved Administrations regarding the development of common frameworks. This report details progress made during the ninth three-month reporting period, and sets out that no “freezing” regulations have been brought forward under section 12 of the European Union (Withdrawal) Act. A copy of the European Union (Withdrawal) Act and Common Frameworks: 26 June 2020 to 25 September 2020 report has been placed in the Libraries of both Houses. The publication of the report reflects the Government continued commitment to transparency.
Attachments can be viewed online at
https://questions-statements.parliament.uk/written-statements/detail/2020-12-10/HCWS635
[HCWS635]
Election Spending Limits Uprating
Chloe Smith Excerpts(3 years, 11 months ago)
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The Minister for the Constitution and Devolution (Chloe Smith)
Elections rely upon political parties and candidates’ ability to communicate their views and commitments so that voters can make an informed decision. To this end, it is right that registered parties and nominated candidates can incur campaign expenditure, but it is also right that there are limits on this expenditure to ensure a level playing field. Many of the current statutory spending limits have not been changed since they were set out 20 years ago, with a small number raised more recently in 2014. This is a significant length of time, and has the effect of reducing the ability to campaign given inflationary costs of printing and communication.
With elections scheduled for 6 May 2021, I am making this statement to outline the Government’s intention to raise the spending limits by inflation for candidates at local council elections in England in time for those May elections. This uplift would take into account the change in the value of money since these amounts were last changed and ensure that limits remain consistent with the initial intent of spending limits when considered by previous Parliaments. It makes no other substantive or real-terms change. I am keen to ensure that, where possible, parties are given notice of potential updates to electoral law well in advance of those elections. The Government are also mindful that the backdrop of the covid-19 pandemic may result in a greater emphasis on postal and digital campaigning ahead of May’s elections; this adds to the case for limits to be updated and uprated.
It is the Government’s intention to review party and candidate spending limits for all other polls (within the legislative competence of the UK Government) next year, with a view to uprating them in line with inflation since they were originally set. This will create a baseline for regular and consistent reviews of all limits in future. We will work with stakeholders, including the Electoral Commission and the Parliamentary Parties Panel, on this process.
[HCWS618]
Fixed-term Parliaments Act 2011 (Repeal) Bill
Chloe Smith Excerpts(3 years, 11 months ago)
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The Minister for the Constitution and Devolution (Chloe Smith)
Today, the Government publish in draft the Fixed-term Parliaments Act 2011 (Repeal) Bill, which is required to repeal the Fixed-term Parliaments Act 2011 (FTPA), and in doing so revive the prerogative power to dissolve Parliament.
The Bill makes express provision that the dissolution prerogative is to be revived to ensure legal, constitutional and political certainty around the process for dissolving Parliament. There will be an ouster clause in the Bill to reinforce the long-standing position that the exercise of the dissolution prerogative is not reviewable by the courts.
The Bill retains certain aspects of the FTPA to ensure the continued operability of our electoral system. The Bill does not change the 25 working day period between dissolution and polling day. The Bill also contains provision to fix the maximum length of a Parliament at five years, thereby returning to the pre-FTPA position.
There will also be provision made in the Bill to give the Prime Minister the discretion, within clearly defined limits, to set a new polling day in the event of the demise of the Crown. Under section 20 of the Representation of the People Act 1985, in the event of the demise of the Crown after a proclamation summoning a new Parliament, polling day is postponed by a fortnight. The 1985 Act provides no discretion or flexibility to further alter the date of the poll and had demise occurred after the dissolution of Parliament for the 2019 election the polling day would have been postponed to 27 December, the day after Boxing day. In these very unlikely circumstances, the Prime Minister has the discretion to move the polling day up to seven days either side of this default 14-day postponement.
I am also depositing in the Libraries of both Houses a draft document setting out the Government’s initial thinking on the non-legislative constitutional principles that will need to underpin the exercise of the prerogative powers to dissolve Parliament. The Government would welcome the Joint Committee and other parliamentary Select Committees giving consideration to these underpinning conventions.
The FTPA was a departure from the long-term constitutional norm, whereby the Prime Minister could seek an early dissolution of Parliament. It was passed with limited scrutiny, and created parliamentary paralysis at a critical time for our country. This Bill, in returning our constitutional system to the pre-FTPA status quo ante, will enable the Government, within the life of a Parliament, to call a general election at the time of their choosing, and allow the people to decide on their Government.
It is vital that this important part of our constitutional settlement is given careful consideration and we welcome the forthcoming scrutiny of the draft Bill to ensure that what replaces the FTPA is subject to greater scrutiny.
Attachments can be viewed online at: https://questions-statements.parliament.uk/written-statements/detail/2020-12-01/HCWS615
[HCWS615]
Oral Answers to Questions
Chloe Smith Excerpts(4 years, 1 month ago)
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Sally-Ann Hart (Hastings and Rye) (Con)
The Minister for the Constitution and Devolution (Chloe Smith)
The Government have an unwavering commitment to our Union, as demonstrated by the £190 billion of measures that the Chancellor has already introduced to protect jobs throughout the UK. We are strengthening our Union even further by taking steps to ensure the free flow of trade and ensuring that powers return from the EU directly to the devolved Administrations. In addition, we are committed to concluding the review of intergovernmental relations, to ensure that our structures are improved and adaptable for our Union, both now and in future.
Sally-Ann Hart
The rich tapestry of our precious Union is woven together by the threads of our individual cultures, languages, traditions and values, creating the most successful political, social and economic Union in the world. So what steps is my hon. Friend taking to reach out to the devolved nations to show how much we value them as part of our great United Kingdom, on a cross-party basis?
Chloe Smith
My hon. Friend makes the point extremely well. We have confronted the recent pandemic as one United Kingdom and have achieved more together than we could have done as individual nations. That unity has been reaffirmed through the joint statements of 25 September. As I said, we have taken significant steps to protect the economy, providing billions of pounds to protect lives and livelihoods in all parts of the UK. As I mentioned in my earlier answer, the way in which we are taking our intergovernmental relations forward will show how committed we are to those relationships and to making sure that they are positive today and tomorrow.
Nick Smith (Blaenau Gwent) (Lab)
The Minister for the Constitution and Devolution (Chloe Smith)
We will be working safely with the Electoral Commission to support its voter registration and public information campaigns ahead of the next elections next May, as we do for every election. Together, we will be able to ensure that people can participate in the polls safely and confidently and in a way of their choice, whether by post or proxy or in person.
Nick Smith
It is a great pity that this spring’s elections were postponed because of covid. To reduce uncertainty about the management of our democracy next May, how seriously are the Government considering all-postal voting, which could be a good way to boost safe participation in the coming elections?
Chloe Smith
I thank the hon. Gentleman for his question. He and I both know that he is an experienced hand at election matters. I welcome his scrutiny of this question because it is important. We want the elections in May next year to go ahead, because it is extremely important that we are able to continue with our normal way of life as a country, rather than seeing any further postponement of important elections.
I do not take the view that all-postal elections would be a wise move, however, for the following reason. It is principally that we have already seen around the world that elections can be run in person safely during this pandemic. We are confident that that can be the case here as well, and I am doing all the work necessary with the electoral community to make sure that is so. Indeed, I published evidence of that only recently, which I am sure the hon. Gentleman has already seen.
Furthermore, it is an important part of our elections that people can actually choose the way in which they vote—as I have already said, by post, by proxy or in person. We think that it is important to maintain that and that there is not a good enough reason to do otherwise.
Cat Smith (Lancaster and Fleetwood) (Lab)
This week, we have seen thousands of Czechs who are quarantined at home participating in regional and Senate elections by voting at drive-in polling stations. From the Minister’s response to my hon. Friend the Member for Blaenau Gwent (Nick Smith), it is clear that this Government have run out of ideas about how to make sure that the May 2021 elections are both covid-secure and innovative to ensure that voter participation is high at these elections. Is it the case that this Government have really just run out of steam?
Ian Lavery (Wansbeck) (Lab)
The Minister for the Constitution and Devolution (Chloe Smith)
I am aware that this question was also put to the Home Office earlier this week. I can confirm that there are no plans to establish an independent inquiry into the policing of the miners’ strike in 1984-85 in England and Wales.
Ian Lavery [V]
More than 11,000 UK miners were arrested during the bitter dispute of 1984-85, and I declare an interest as I was among that number. There were 6,000 put on trial and 7,000 injured, while many were blacklisted—never ever to work again—and others died with an unjust criminal record. There was an independent review in Scotland, where miners convicted in the Scottish coalfield are set to be pardoned. Justice is being served. Can the Minister say if the miners in the UK can expect a pardon from the Government, and does the Minister acknowledge that a full inquiry into the policing of the miners’ strike is the only means of justice for those miners who were the backbone of this nation?
Chloe Smith
I admire the passion and experience with which the hon. Member speaks. I will say straight off that the report produced for the Scottish Government is a matter for them. I understand that it has reported, but that is not for me to comment on.
The core point is this: since the strike of 1984-85, there have been very significant changes in the oversight of policing at every level. I am not sure that it would be worth the efforts of an inquiry to be able to make sensible comments on that, given the quantity of change, and that the focus should instead be on continuing to ensure that the policing system is the best that it can be. I can also add that all the 33 files the Home Office had held relating to that strike have now been transferred to the National Archives and that these are available for the public to review.
Richard Fuller (North East Bedfordshire) (Con)
Boundary Commission for Wales: Appointments
Chloe Smith Excerpts(4 years, 1 month ago)
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The Minister for the Constitution and Devolution (Chloe Smith)
I should like to inform the House that my right hon. Friend the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove) has made the following appointments under schedule 1 to the Parliamentary Constituencies Act 1986, following a competition run in accordance with the governance code on public appointments:
Huw Vaughan Thomas, appointed as a member of the Boundary Commission for Wales, effective from 5 October 2020 until 4 October 2025; and Sam Hartley, appointed as a member of the Boundary Commission for Wales, effective from 5 October 2020 until 4 October 2025.
[HCWS481]
Electoral Commission and Association of Electoral Administrators Reports
Chloe Smith Excerpts(4 years, 1 month ago)
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The Minister of State, Cabinet Office (Chloe Smith)
The Government have published our responses to the Electoral Commission’s reports on the administration of the December 2019 UK parliamentary general election and May 2019 European parliamentary (and local) elections.
We have combined our response to the report on the general election and European parliamentary (and local) elections with the recommendations made in the positions statements of the Association of Electoral Administrators (AEA) where they are relevant to those polls.
We are grateful for the recommendations produced by all these organisations and thank them for their work. These reports aid the Government in monitoring the effectiveness of electoral legislation; help us to make improvements and to identify future policy challenges and possible resolutions.
The Government will continue to work with these organisations, as well as electoral administrators and other partners, to improve our electoral system and ensure the effective running of elections. The Electoral Commission research found that people were very satisfied with the process of registering to vote and voting at the 2019 UK general election. These were similar to positive levels of satisfaction that were found at other recent UK-wide elections or referendums.
The Government are committed to ensuring a flourishing and secure democracy, and through these measures, we are acting to promote the integrity of our electoral system. The Government take the integrity and security of our democratic processes very seriously. We will continue to safeguard against future risks, strengthen our resilience and ensure that the regulatory framework is as effective as possible.
Copies of these Government responses will be placed in the Libraries of both Houses.
Attachments can be viewed online at: http://www. parliament.uk/business/publications/written-questionsanswers-statements/written-statement/Commons/2020-09-28/HCWS472.
[HCWS472]
European Union (Withdrawal) Act 2018 and Common Frameworks
Chloe Smith Excerpts(4 years, 2 months ago)
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The Minister of State, Cabinet Office (Chloe Smith)
I am today laying before Parliament a report, “The European Union (Withdrawal) Act and Common Frameworks: 26 March to 25 June 2020”. I am laying this report because it is a legal requirement under the EU (Withdrawal) Act 2018 for quarterly reports to be made to Parliament on the progress of the work to develop common frameworks. The report is being made available on gov.uk and details the progress made between the UK Government and devolved Administrations regarding the development of common frameworks. This report details progress made during the eighth three-month reporting period, and sets out that no “freezing” regulations have been brought forward under section 12 of the European Union (Withdrawal) Act. A copy of the “The European Union (Withdrawal) Act and Common Frameworks: 26 March to 25 June 2020” report has been placed in the Libraries of both Houses.
I am also laying before Parliament the “Frameworks Analysis 2020”. The analysis is being made available on gov.uk and outlines the expected implementing arrangements for each of the policy areas within the UK common frameworks programme. This analysis highlights the significant changes since April 2019 whilst recognising that future changes are expected throughout the remainder of the programme. A copy of the “Frameworks Analysis 2020” has been placed in the Libraries of both Houses.
The attachments can be viewed online at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2020-09-24/HCWS466/.
[HCWS466]