Elections Bill

Baroness Laing of Elderslie Excerpts

Report stage
Monday 17th January 2022 Commons Chamber

[Relevant documents: Fifth Report of the Joint Committee on Human Rights, Legislative Scrutiny: Elections Bill, HC 233 / HL 58; Seventh Special Report of the Joint Committee on Human Rights, Legislative Scrutiny: Elections Bill: Government Response to the Committee’s Fifth Report, HC 911; Fifth Report of the Public Administration and Constitutional Affairs Committee, The Elections Bill, HC 597; Oral evidence taken before the Public Administration and Constitutional Affairs Committee on 7 and 14 September 2021 on the Elections Bill.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

The programme (No. 2) motion has not been moved. We will therefore proceed in accordance with the original programme order of 7 September 2021. Report must be brought to a conclusion no later than 9 pm; any debate on Third Reading must be concluded no later than 10 pm. There will be a single debate on all new clauses, new schedules and selected amendments until 9 pm. Decisions at the end of the debate will be taken no later than 9 pm in the sequence on the revised selection list, which is slightly different from the sequence on the amendment notice paper.

I hope that that is clear; it is because the notice paper was prepared to match the programme (No. 2) motion on the Order Paper, which has not been moved.

New Clause 11

Power to make regulations about registration, absent voting and other matters

“Schedule (Power to make regulations about registration, absent voting and other matters) contains provision, including provision amending Schedule 2 to RPA 1983, in connection with applications relating to registration, applications to vote by post or proxy, and applications for particular kinds of document.”—(Kemi Badenoch.)

This new clause, to be inserted after clause 1, introduces NS1.

Brought up, and read the First time.

[The Minister for Levelling Up Communities (Kemi Badenoch)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Government new clause 12—Purposes referred to in section 39.

New clause 1—Voting from age 16 in parliamentary elections—

“In section 1(1)(d) of the Representation of the People Act 1983 (definition of voting age for parliamentary elections), for ‘18’ substitute ‘16’.”

This new clause would lower the voting age to 16 in UK parliamentary elections.

New clause 2—Permissible donors—

“(1) Section 54 (permissible donors) of PPERA is amended as follows.

(2) In subsection (2)(a), after ‘register’ insert ‘at the time at which the donation is made, but not an individual so registered as an overseas elector;”.

This new clause would prevent overseas electors donating to political parties in the UK.

New clause 3—Citizens’ assembly on electoral systems—

“(1) The Secretary of State must establish a citizens’ assembly representative of the population aged 16 and over to consider electoral systems in the United Kingdom.

(2) The Secretary of State must, for each category of election reformed by section 10 (Simple majority system to be used in elections for certain offices), provide to the assembly a report assessing the effects of the reforms on the matters in subsection (3).

(3) The matters are—

(a) voter engagement and understanding,

(b) electoral integrity,

(c) fairness and proportionality.

(4) A report under subsection (2) must be provided to the assembly no later than three months after the first election in each category of election after this section comes into force.

(5) The assembly must—

(a) consider the reports under subsection (2),

(b) consider other evidence relating to the matters in subsection (3).

(6) The assembly may make recommendations for legislative or policy change, including for parliamentary elections.”

New clause 4—Automatic Voter Registration—

“(1) It is a duty of—

(a) the Secretary of State; and

(b) registration officers

to take all reasonable steps to ensure that persons eligible to register to vote in elections in the United Kingdom are so registered.

(2) The Secretary of State must by regulations require public bodies to provide information to registration officers in accordance with the duty under subsection (1).

(3) Regulations under subsection (2) must apply to public bodies including but not limited to—

(a) HM Revenue and Customs;

(b) the Driver and Vehicle Licensing Agency;

(c) the National Health Service;

(d) NHS Scotland;

(e) all types of state funded schools;

(f) local authorities;

(g) the Department for Work and Pensions;

(h) HM Passport Office;

(i) police forces;

(j) the TV Licensing Authority.

(4) Registration officers must—

(a) use the information provided under regulations under subsection (2) to register otherwise unregistered persons on the appropriate electoral register or registers, or

(b) if the information provided does not contain all information necessary to register a person who may be eligible, contact that person for the purpose of obtaining the required information to establish whether they are eligible to register and, if so, register them on the appropriate electoral register or registers.

(5) If a registration officer has registered a person under subsection (4), the officer must notify that person within 30 days and give that person an opportunity to correct any mistaken information.

(6) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.

(7) Where a person is registered under subsection (4), that person shall be omitted from the edited register unless that person notifies the registration officer to the contrary.

(8) Nothing in this section affects entitlement to register to vote anonymously.”

New clause 5—Voting by convicted persons sentenced to terms of 12 months or less—

“In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after ‘Scotland’ insert ‘or a parliamentary election’.”

This new clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.

New clause 6—Voting by qualifying foreign nationals—

“In section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983, for paragraph (c) substitute—

‘(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a qualifying foreign national; and’”.

This new clause would allow foreign nationals who either do not need leave to remain in the UK or have been granted such leave to vote in UK parliamentary elections.

New clause 7—Voting by EU nationals—

“In section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983, for paragraph (c) substitute—

‘(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union; and’”.

This new clause would allow EU citizens to vote in UK parliamentary elections.

New clause 8—Fines for electoral offences—

“(1) The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 is amended as follows.

(2) In Schedule 1, paragraph 5, leave out ‘£20,000’ and insert ‘£500,000, or 5% of the total spend by the organisation or individual being penalised in the election to which the offence relates, whichever is greater’.”

This new clause would allow the Electoral Commission to impose increased fines for electoral offences.

New clause 9—Permissible donors to be based in the United Kingdom and associated offences—

“(1) Section 54 of PPERA (permissible donors) is amended in accordance with subsections (2) to (5).

(2) At the end of subsection (2)(a), insert ‘ordinarily resident in the United Kingdom, and domiciled in the United Kingdom for purposes of individual taxation.’

(3) After subsection (2)(b)(ii) insert—

‘(iii) employing a majority of its staff at locations within the United Kingdom, and

(iv) employing at least five staff within the United Kingdom’.

(4) At the end of subsection (2)(f), insert ‘has a majority of partners who are on a UK electoral register, are ordinarily resident in the United Kingdom and are domiciled in the United Kingdom for purposes of individual taxation, employs a majority of its staff at locations within the United Kingdom, and employs at least five staff within the United Kingdom.’

(5) At the end of subsection (2)(h), insert ‘has a majority of those persons with significant control who are on a UK electoral register, are ordinarily resident in the United Kingdom and are domiciled in the United Kingdom for purposes of individual taxation, and also either employs no staff at all, or employs a majority of its staff at locations within the United Kingdom.’

(6) Section 61 of PPERA (offences concerned with evasion of restrictions on donations) is amended in accordance with subsection (7).

(7) After subsection (2) insert—

‘(3) A person commits an offence if they are a director of a company, hold a position of significant control in an unincorporated association, or are a partner in a limited liability partnership, and that company, association or partnership—

(a) is not a permissible donor and offers a donation to a political party (whether the donation is accepted or not), or

(b) commits, or otherwise causes to be committed, an act which were the body be a person, would be an offence under subsection (1) or (2).’”

This new clause makes requirements for individual and company donors to be based in the United Kingdom and makes persons running companies liable for donation restriction evasion offences committed by those companies.

New clause 10—Removal of requirement for election agent’s address to be published—

“(1) The Representation of the People Act 1983 is amended as follows.

(2) In section 67 (appointment of election agent), after subsection (6) insert—

‘(6A) Though if the candidate or the person acting on behalf of the candidate under this section provides a statement signed by the candidate that the candidate requires the address of the election agent not to be made public and instead states the relevant area within which that address is situated, the public notice under subsection (6) should state that relevant area rather than the address.

(6B) In this section, “relevant area” means—

(a) for a parliamentary election, the constituency,

(b) for an Authority election, the Assembly constituency,

(c) for any other local election, local government area, or

(d) if the address is outside the United Kingdom, the country within which it is situated.’”

This new clause would remove the requirement for public notice of the addresses of election agents (including candidates acting as their own agent) to be given at parliamentary and local elections. The area in which the address is situated could instead be given, as for candidates.

New clause 13—Proportional representation for elections to the House of Commons—

“(1) 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.

(2) The Secretary of State must take all reasonable steps to establish a new proportional representation system of election for Members of the House of Commons that would be expected to result in seats being held by each party roughly reflecting the proportion of votes cast for candidates of that party at the preceding general election.

(3) A system is suitable for the purposes of subsection (2) if it would over the past five Parliamentary general elections have had a mean average Gallagher proportionality index of less than 10.

(4) The Secretary of State may by regulations make provision (which may include provision amending any enactment) contingent on the prohibition in subsection (1).”

This new clause would abolish first past the post for UK general elections and require the Government to take all reasonable steps to introduce proportional representation.

New clause 14—Enfranchisement of certain foreign nationals at parliamentary elections—

“(1) Section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983 is amended as follows.

(2) In paragraph (c), after ‘Ireland’ insert—

‘or a foreign national who has—

(i) the right of abode in the United Kingdom;

(ii) settled status under the EU Settlement Scheme;

(iii) indefinite leave to enter the United Kingdom; or

(iv) indefinite leave to remain in the United Kingdom.’”

New clause 15—Prohibition of double registration—

“In section 4 of the Representation of the People Act 1983 (Entitlement to be registered as parliamentary or local government elector), after subsection (1) insert—

‘(1A) A person is only entitled to be registered at one address within the United Kingdom at any one time.’”

This new clause seeks to provide an additional check and balance against double voting in UK Parliamentary elections.

New clause 16—Restrictions on foreign and foreign-influenced donations—

“(1) PPERA is amended as follows.

(2) In section 54(1) (circumstances in which party may not accept donation), after paragraph (aa) insert—

‘(ab) the party has not been given a declaration as required by section 54C; or’.

(3) In section 54(2) (permissible donors), in paragraph (b)(ii), for ‘carries on business in the United Kingdom’ substitute—

‘satisfies the condition set out in subsection (2ZAA)’.

(4) After section 54(2ZA) insert—

‘(2ZAA) The condition referred to in subsection (2)(b)(ii) is that the company or limited liability partnership’s profits generated and taxable within the United Kingdom over the previous 12 months are greater than the value of the donation given.’

(5) After section 54B (declaration as to whether residence etc condition satisfied), insert—

‘54C Declaration as to whether profit condition is satisfied

(1) A company or limited liability partnership making to a registered party a donation in relation to which the condition set out in section 54(2ZAA) applies must give to the party a written declaration stating whether or not the company or limited liability partnership satisfies that condition.

(2) A declaration under this section must also state the company or limited liability partnership’s full name, address and registration number.

(3) A person who knowingly or recklessly makes a false declaration under this section commits an offence.

(4) The Commission may issue a notice to a person to provide accounts for the purpose of verifying whether a declaration made under this section is accurate.

(5) A person who fails to comply with a notice under subsection (4) commits an offence.

(6) The Secretary of State may by regulations make provision requiring a declaration under this section to be retained for a specified period.

(7) The requirement in subsection (1) does not apply where, by reason of section 71B(1)(b), the entity by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the party.

(8) For the purposes of the following provisions, references in this section to receipt by a registered party should be read instead as follows—

(a) for a relevant donation controlled under Schedule 7, receipt by the regulated donee;

(b) for a relevant donation controlled under Schedule 11, receipt by the recognised third party;

(c) for a relevant donation controlled under Schedule 15, receipt by the permitted participant;

(d) for a relevant donation controlled under Schedule 2A of the Representation of the People Act 1983, receipt by the candidate or the candidate’s election agent.’

(6) After section 55 (payments etc. which are (or are not) to be treated as donations by permissible donors), insert—

‘55A Donations and national security risk

(1) The Commission may give a notice (“a call-in notice”) if the Commission reasonably suspects that a qualifying donation has given rise to or may give rise to a risk to national security in relation to electoral integrity.

(2) If the Commission decides to give a call-in notice, the notice must be given to—

(a) the person who made the donation,

(b) the party that received the donation,

(c) the Secretary of State, and

(d) such other persons as the Commission considers appropriate.

(3) When assessing whether a donation has given or may give rise to a risk to national security in relation to electoral integrity, Commission must consider the characteristics of the person who made the donation, including—

(a) their sector or sectors of commercial activity or holdings,

(b) their technological capabilities,

(c) any links to entities which may seek to undermine or threaten the interests of the United Kingdom, including the integrity of its elections,

(d) their ultimate controller, or if they can be readily exploited, (e) whether the acquirer they, or their ultimate controller, has committed, or is linked to, criminal or illicit activities that are related to national security, or activities that have given rise to or may give rise to a risk to national security.

(4) In this section, a “qualifying donation” is a donation of an amount exceeding £25,000.

(5) The Commission may, in relation to the Commission’s functions under this section, issue a notice to a person to—

(a) provide information, or

(b) attend, or

(c) give evidence as if such a notice was a notice under section 19 or 20 of the National Security and Investment Act 2021.

(6) A person who fails to comply with a notice under subsection (5) commits an offence.

(7) In this section, “assessment period” in relation to a call-in notice under this section has the same meaning as in section 23 of National Security and Investment Act 2021 in relation to a call-in notice under that Act.

(8) The Commission must, before the end of the assessment period in relation to a call-in notice—

(a) make a final order, or

(b) give a final notification to each person to whom the call-in notice was given.

(9) The Commission may, during the assessment period, make a final order if the Commission—

(a) is satisfied, on the balance of probabilities, that the qualifying donation to which the call-in notice applies has given rise to or may give rise to a risk to national security in relation to electoral integrity, and

(b) reasonably considers that the provisions of the order are necessary and proportionate for the purpose of preventing, remedying or mitigating the risk.

(10) During the assessment period, the Commission may make an interim order in relation to a qualifying donation if the Commission reasonably considers that the provisions of the order are necessary and proportionate for the purpose of safeguarding electoral integrity during that period.

(11) An order under subsection (9) or (10) may—

(a) require a donation to be held unspent for a period as may be prescribed in the order,

(b) require a donation to be refused,

(c) require a donation to be returned, or

(d) prohibit the acceptance of any donation by any registered party from the person who made the donation to which the call-in notice applies, or from a prescribed person or category of person connected to that person, for a period as may be prescribed in the order.

(12) The Commission must keep each order under review and may vary or revoke it.’

(7) In section 156 (orders and regulations)—

(a) in subsection (3), before paragraph (a) insert—

‘(za) any order under section 55A;’;

(b) after subsection (4D) insert—

‘(4E) Subsection (2) does not apply to regulations under section 54C and regulations may not be made under that section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.’

(8) In Schedule 20 (penalties), at the appropriate places insert the following entries—

--- Later in debate ---

[Dr Luke Evans (Bosworth) (Con)]

I am interested to know the hon. Gentleman’s perspective, from a Labour point of view, on Labour Live in 2018. When people signed up for a ticket it said: “All under-18s need to be accompanied by an adult or guardian at Labour Live. That means all youth and child tickets must be bought alongside an adult full price ticket and ID will be checked at the festival gate.” I would be grateful—[Interruption.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. What is all this shouting? The hon. Gentleman will make his point and the Opposition spokesman will undoubtedly be able to answer it without shouting from the background.

[Dr Evans]

Thank you, Madam Deputy Speaker. I was simply asking how that fits into the perspective that the hon. Gentleman has just been putting across.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

It will be obvious that a great many people wish to speak and that we do not have very long. We have to finish this stage of the Bill at 9 o’clock, so I shall immediately impose a time limit of five minutes.

[Chris Clarkson (Heywood and Middleton) (Con)]

I cannot promise to be as succinct as I was in my last speech before you, Madam Deputy Speaker, which clocked in at a loquacious 10 words, but I will do my best.

I rise to support the Bill having been on the Committee; I am confident that we have before us a sensible and necessary package of measures to ensure the continued robustness of our electoral system. Before speaking to the general merits of the Bill, I would like to speak to some of the new clauses and amendments selected for discussion. With a Bill of this size and complexity, Members will have a range of views on these issues, but I am quite disappointed to see that some of the things we voted down in Committee have found their way back for a second go.

I will start with some of the measures proposed by the Scottish National party. As a member of the Electoral Reform Society, I have to say that I have a small amount of sympathy with new clause 3, but I do not think its proposals belong in this Bill. However, I will cheerfully have a conversation with the hon. Member for Argyll and Bute (Brendan O’Hara) if he wants to bring them forward another time.

Although I understand the motivations behind new clause 4, I cannot be the only one to have baulked at the long list of organisations required to provide our personal data to the state. On the whole, registering to vote should be positive affirmation of someone’s intention. Simply adding everyone to the list will not increase participation and make people exercise their franchise. It will just be more names on a list.

New clause 5, I am afraid to say, is completely beyond the pale. When we deprive somebody of their liberty as a result of their criminal acts, we deprive them of their most fundamental freedoms, including the right to exercise their franchise.

New clauses 6 and 7 and, by extension, new clause 14, are opportunistic and completely unprecedented. No EU state allows British citizens to vote in its parliamentary elections. That we should extend the franchise to EU members when, even as a member of the European Union, we could not, is completely and utterly inconceivable. The UK already has one of the widest franchises in the world, allowing Commonwealth and Irish citizens to participate in our general elections. If someone is that committed to participating in our democracy but they cannot because of their nationality, they are more than welcome to apply for citizenship.

As I mentioned earlier in respect of new clause 3, I have some sympathy with the provisions of new clause 13 in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael), but something of that magnitude should be done not as an amendment to a Bill but as a separate debate.

I am concerned by new clause 15, because I disagree not with the general intention but with its prescriptive nature. There are any number of legitimate reasons why somebody might want to be registered in more than one area, but I accept the principle that we must do more to tackle multiple voting.

I particularly like new clause 17. I represent a borough named after its principal town—I see the hon. Member for Rochdale (Tony Lloyd) in his place. I represent two towns in that borough that have no particular affinity for the main town and have a strong sense of their own identity; in fact, in the hon. Gentleman’s constituency there will be areas such as Littleborough and Wardle that would like to be identified as such rather than as Rochdale. I have some sympathy with the idea of allowing people to describe more accurately on the ballot paper where they live. If we are not going forward with the new clause tonight, I would be pleased to see it come back at a later date.