Voter Identification Regulations 2022

Debate between Lord Brownlow of Shurlock Row and Lord Rennard

Tuesday 13th December 2022 Lords Chamber

[Lord Brownlow of Shurlock Row (Con)]

My Lords, I will be brief. Like the noble Baroness, Lady Blower, who was in her place a moment ago, and others, this year I sat on a Select Committee of post-legislative scrutiny for the Children and Families Act 2014. One of our findings was that it was quite inadequate to be doing that review eight years after the legislation was implemented. While I support the SIs today—and I have some sympathy with the initial comments from the noble Baroness, Lady Hayman—I urge the Minister and the Government to stick to the timetable of the review that was outlined in her opening statement.

[Lord Rennard (LD)]

My Lords, I welcome the presence of the noble Lord, Lord Strathclyde, for this debate, which will give me the opportunity to remind him and the House of some of his experiences when he was the Leader of the Opposition in this House. I shall do so shortly, but first, I will quote his report considering the position of statutory instruments, as published in 2015. The executive summary began:

“Since 1968, a convention has existed that the House of Lords should not reject statutory instruments (or should do so only rarely).”


I suggest that this is one of those rare occasions. I will address issues of principle concerning fatal Motions, costs and practicalities. The question being asked is whether the House of Lords can be justified in approving the fatal Motion put down today by my noble friend Lady Pinnock. I accept that such a Motion should be approved only on rare occasions, but I make two points.

First, there have been several times since I joined the House in 1999 when it has carried fatal Motions. I was very involved with two of them, and I think the noble Lord, Lord Strathclyde, was Leader of the Opposition at the time. In any event, both the fatal Motions which were carried were at the instigation of the then Conservative Opposition Front Bench while Labour was in power. It was the time when Tony Blair’s Government were criticised for introducing unfair election rules, aimed at favouring the official Labour candidate in the first London mayoral elections. This was by denying the candidates any form of election address.

As a result of the passing by this House of the fatal Motions, which I and the Conservative Benches supported, I was then involved in cross-party negotiations including senior government officials. They resulted in us agreeing new rules that were fairer, cost effective and formed the basis of all future mayoral elections. This House now, and all Members of it, should note that the Conservatives did not have a problem with fatal Motions on such issues when they faced a Labour Government allegedly manipulating election rules in their favour.

Secondly, I turn to consideration of what was in the last Conservative manifesto. Again, the noble Lord seems not to be aware of the lengthy debates we had in the early proceedings on the Bill, in which his noble friend Lord True accepted that this was not in the manifesto. That document did not prescribe “photo ID”, as distinct from “some form of voter identification”. This very important point was highlighted by the noble Lord, Lord Willetts, on the “Today” programme this morning.

So, even if you subscribe to the principles of the Salisbury convention, which was a gentlemen’s agreement —perhaps I should emphasise that—made to deal with the immediate circumstances following the 1945 general election, you cannot feel bound to support this statutory instrument on that basis. It is being rushed through in a costly manner, and in ways that will cause much confusion and effectively deny many people the right to vote. The Delegated Powers and Regulatory Reform Committee looked at the powers it gives to the Government and said in its March report that they should not be determined in this way:

“We consider that, in the absence of a convincing explanation, the powers are inappropriate in leaving it to regulations to determine the circumstances in which electoral identity documents are to be issued.”


There are very big issues facing the country, with the cost of living crisis being the most important for many people. The Government say, for example, that they cannot afford to pay more to the nurses who they urged us to clap for at the height of the coronavirus pandemic. At the same time, they propose a costly and bureaucratic system with significant additional costs to the taxpayer for training and communications, new styles of poll cards and the supposedly free new forms of voter identification for the 1.9 million people currently without it.

The Government’s own impact assessment for introducing compulsory photo ID shows that they estimate they will spend £180 million or more on this over the next decade. I wonder how many of the people who think that photo ID is a good idea would spend £180 million on it. If there is a significant problem with impersonation—and this has never been shown—we can save a lot of money by using other forms of ID, at no cost to the taxpayer.

We may not all consider ourselves experts on the detail of election law. It is local authorities that have to conduct the elections, so we should consider properly the view of the chair of the Local Government Association, which represents all local authorities across England and Wales. A Conservative councillor, he said on behalf of local authorities last week:

“While we accept that voter ID has now been legislated for, electoral administrators and returning officers should be given the appropriate time, resource, clarity and detailed guidance to implement any changes to the electoral process without risking access to the vote … We are concerned that there is insufficient time to do this ahead of the May 2023 elections and for this reason are calling for the introduction of voter ID requirements to be delayed.”


I hope that full statement is of assistance to the Minister.

The Association of Electoral Administrators represents the returning officers, whom many noble Lords will have thanked for their efforts in previous elections. It says:

“It is good to see the LGA speaking out about the challenges facing Returning Officers and electoral administrators. Their concerns around voter ID reflect ours and those of the wider electoral community … The timescales to introduce voter ID in May 2023 are incredibly tight. The proposed timetable brings huge risks and jeopardises our members’ ability to ensure every elector can cast their vote without issue … We would support a government decision to delay voter ID … until after May’s elections”.


If noble Lords have ever thanked a returning officer, as many here will have done, they can do so again by supporting my noble friend Lady Pinnock’s amendment on the basis of principle, costs and practicalities.