Public Procurement (International Trade Agreements) (Amendment) Regulations 2022

Lord Collins of Highbury Excerpts

Wednesday 15th June 2022 Grand Committee

With those few remarks, I welcome the regulations before us but seek clarification on the public procurement aspects.

[Lord Collins of Highbury (Lab)]

My Lords, I am grateful to the Minister for introducing these regulations. As he and others have stated, they are basically a continuity agreement while we process the much bigger piece of legislation to which the noble Lord, Lord Lansley, referred, the Procurement Bill. One of the things I open with is to repeat the mantra that the Minister often does about how this House conducts its role in scrutiny of legislation. When I read Hansard from the other end, I thought I would get some useful questions from the Opposition—and of course there was none, so I am grateful for noble Lords here today who have prompted an interesting debate. I suspect that most of the questions will be answered on the general legislation on procurement—the Procurement Bill—including some of the issues that we will address in amendments, not least defence and security, which are critical issues.

I do not want to repeat the points made by the noble Lord, Lord Lansley. I will be interested to hear the Minister’s response, but the Opposition support the instrument and are happy that it provides the continuity necessary before other legislation takes over. I should add that I am not formally becoming a shadow Cabinet Office Minister; I am simply standing in for my leader, who covers these issues—and as deputy leader I of course do as I am told. I have at least been able to speak for a short time in support of the instrument. I echo some of the comments already made and I look forward to the Minister’s response.

[Lord True (Con)]

My Lords, I thank those who have spoken, including the noble Lord opposite; I nearly always say “my noble friend opposite”. I also looked at the proceedings in another place, but I will tread no closer to that than he did.

I am grateful for the general welcome for these provisions. I was asked a couple of points. I am not sure I can answer every one, but if I do not I am sure we will pick them up. On the question of whether state subsidy is defined in the regulations, it is not defined in this SI. It was also not defined in the UK-EFTA agreement procurement chapter from which this follows.

I was asked about abnormally low tenders and subsidies going more widely than the definitional point. Article 6.9 of the UK-EFTA agreement provides that, where a tender appears to be abnormally low, the contracting authority may ask a supplier whether the price in a tender takes subsidies into account. That was the point to which my noble friend acutely referred. The instrument makes this explicit—it is on the face of the procurement regulations. Prior to the UK leaving the EU, contracting authorities and utilities receiving an abnormally low tender could investigate whether the supplier had obtained state aid and, if that was not compatible with Article 107 of the Treaty on the Functioning of the European Union, it could reject the tender. These provisions were removed from the public procurement regulations through EU exit legislation.

The current procurement regulations are largely transposed from the EU directives, which include a number of permissive provisions. For this reason, it makes sense to make explicit mention of the fact that, when investigating abnormally low tenders, contracting authorities are able to make inquiries as to whether the bid includes subsidies. However, overall the Procurement Bill will aim to deliver a simpler regulatory framework and increased flexibility and does not include every possible action that a contracting authority might take. Therefore, there has not been such an impetus to make explicit this provision in the new Bill.

So far as the relationship is concerned between the Bill and where we are now—and both my noble friends referred to the period between now and the coming into being of the Procurement Act, if your Lordships so please; I am never daring enough to take that for granted—we need to bring forward this statutory instrument now to amend existing procurement regulations to enable the procurement provisions of the UK-EFTA agreement to come into force as soon as possible. When the Procurement Bill has received Royal Assent, during its implementation period it will repeal certain UK procurement regulations, including the UK public contracts regulations; the UK utilities contracts regulations; and the UK concession contracts regulations, to which the UK-EFTA agreement is being added. However, this is not expected until at least six months after Royal Assent.

The UK-EFTA agreement is included in Schedule 9 to the Procurement Bill, along with all other relevant international trade agreements, which ensures that the procurement obligations regarding EFTA suppliers will be carried forward seamlessly into the new regime. The amendments made by these regulations also add, as I said in my opening remarks, the UK-EFTA agreement to the corresponding Scottish procurement regulations, which will not be affected by the Procurement Bill.

I assure my noble friend Lady McIntosh, as again I said in my opening remarks, that nothing in this SI or, indeed, in the UK-EFTA arrangements overall, reduces any standards. We remain committed to holding up high environmental product and labour standards, and I can certainly give that assurance.

On the question of the lower thresholds in legislation, there are provisions—and I am happy to correspond or at least send advice to my noble friend before we reach the Procurement Bill. As she will see, there is a whole section relating to the level below which there are exemptions. We must abide by our international obligations in relation to trade under the GPA; that is, to give fair access to both sides of the agreement, which is reflected in these regulations.

We have enjoyed a strong trading relationship with Iceland, Liechtenstein and Norway for many years, as some noble Lords were kind enough to refer to. Indeed, I think that Norway is in the top 10—perhaps our 10th most important trading partner. By implementing UK-EFTA procurement commitments, this instrument will, we hope, help to continue and build on this prosperous and friendly relationship between our four countries.

I hope that colleagues will join me in supporting these regulations. I am grateful for the general tenor of the debate. I commend the regulations to the Committee.

House of Lords: Appointments

Lord Collins of Highbury Excerpts

Wednesday 18th May 2022 Lords Chamber

[Lord True (Con)]

My Lords, the previous Prime Minister and the current Prime Minister have made it clear that they do not accept the principle that a cap should be placed on the size of your Lordships’ House. Such an event with an appointed House would mean that the appointed House was impervious to any response from the House of Commons in a constitutional crisis.

[Lord Collins of Highbury (Lab)]

My Lords, I wonder if the Minister can help the House. On 18 November, in talking about the Appointments Commission, he said he was happy with the current procedure whereby the commission is able to recommend non-party-political appointments as well as advising on propriety. Could he tell us in what circumstances a recommendation of the Appointments Commission can be rejected by the Prime Minister and what justification there is for that?

[Lord True (Con)]

My Lords, the commission’s role is an advisory one. The Prime Minister continues to place great weight on the commission’s careful and considered advice. We believe that the commission plays an important role and performs it well. Noble Lords keep returning to an individual case. The Prime Minister said he saw the case of my noble friend as a clear and rare exception, and we have no plans to change the status of HOLAC.

Restoration and Renewal: Location of House of Lords Chamber

Lord Collins of Highbury Excerpts

Monday 16th May 2022 Lords Chamber

[Lord True (Con)]

My Lords, I will not be tempted to follow speculation about what might have been the motives of a colleague in the Government in relation to a particular letter. The Secretary of State is always inventive, but I will repeat what I have said: that these are matters for Parliament.

[Lord Collins of Highbury (Lab)]

My Lords, the simple fact is that the noble Lord answered a similar Question just over two years ago and that this is another recycled announcement from a Government who talked about this two-and-a-half years ago. For all the gimmicks, slogans and press releases, on every measure of levelling up we are going backwards. Instead of making such announcements, this Government should get on with helping families facing the worst cost of living crisis in a generation and use a windfall tax on energy grants to fund up to £600 of help for families. That is what this Government should be doing.

Elections Bill

Lord Collins of Highbury Excerpts

Report stage
Monday 25th April 2022 Lords Chamber

Two years ago, the Minister’s predecessor, the noble Lord, Lord Young of Cookham, confirmed that the Government accepted that the principle of a level playing field, as set out in the original 1883 legislation, is “timeless”. Is this still the Government’s policy? Do they accept the conclusions of Southwark Crown Court, which tested election law on these issues, or do they seek to overturn the decision about what was found to be illegal? Depending on the Minister’s response, I may wish to test the opinion of the House. I beg to move.

[Lord Collins of Highbury (Lab)]

I do not have much to add to the noble Lord’s contribution. We support his contention that this is an unnecessary clause. I agree that the principle is one that we should completely reaffirm, as the noble Lord, Lord Young of Cookham, did in a previous debate. We need the assurances from the Minister. If he is unable to give the assurances that the noble Lord, Lord Rennard, seeks, we will support him if he decides to divide the House.

[Lord True (Con)]

My Lords, as noble Lords will know, Clause 19 is there to clarify the law on benefits in kind and make it clear that candidates need to report only benefits in kind that they have actually used or which they or their election agent have directed, authorised or encouraged someone else to use on their behalf. We had some discussion on this in Committee, as the noble Lord acknowledges. This was already widely understood to be true, prior to the Supreme Court judgment in R v Mackinlay and others. The Supreme Court judgment has led to concerns that candidates and agents could be responsible for spending they had not consented to or were unaware of or not involved in. This is an unacceptable situation and risks a chilling effect on people willing to put themselves forward as candidates and agents.

The noble Lord has been so kind as to refer to the positive engagement we had and I thank him for his continued interest in and engagement on the topic. In response to some of the concerns he raised, including those raised again today, I am happy to provide clarity on the government position. The noble Lord, Lord Rennard, asked two specific questions and I can say to him that the Government are absolutely committed to the long-standing principle of a level playing field for general election campaigns, whether in campaigning being carried out at constituency level or nationally. The noble Lord referred to a statement made by my noble friend Lord Young of Cookham in 2019 when agreeing with the importance of the principle of a level playing field in relation to spending at elections. The Government maintain the commitment my noble friend gave; nothing in the Bill seeks to undermine that principle.

The proposals in the Bill will not change the fundamental principle that party spending in support of a particular candidate in a local area falls to be recorded as candidate spending against the local limit. Instead, the clauses bring forward changes seeking to maintain the level playing field by ensuring that all candidates and agents across the political spectrum are clear and confident in their legal responsibilities. Clause 19 also makes an equivalent amendment to the same rules for other types of campaigners, such as political parties and third-party campaigners, to ensure that the rules are consistent. We believe that these changes will bring much-needed reassurance and clarity to candidates and their agents on the rules which apply to notional expenditure for reserved elections. In combination with expanded statutory guidance—which we will discuss shortly—from the Electoral Commission on this matter provided for in Clause 20, this measure will support compliance with the rules and ensure that those wishing to participate in public life can feel confident doing so, clear in their obligations.

The noble Lord, Lord Rennard, asked a further and very specific question. I can say to him that the Government are not acting in response to the judgment of Southwark Crown Court in 2019 in relation to campaigning in South Thanet in 2015. However, the Supreme Court’s judgment in 2018 related specifically to the consideration of a particular point of law and concluded that there was no requirement for authorisation in Section 90(3) of the 2000 Act, which was contrary to the understanding of many and led to concerns about what expenses could potentially be incurred on a candidate’s behalf even without their knowledge. As a result, there have been calls from across the political spectrum for clarification of those rules. A cross-party committee of MPs, PACAC and the Law Commission have called for clarity on the rules in recent reports. The changes enacted by the Bill will only clarify the law so that it can be commonly understood. As I said, any uncertainty could lead to a democratic chilling effect, with candidates and election agents, who are often volunteers and fearful of their personal circumstances, unwilling to expose themselves to risk.

Finally, it is important to note that Section 75 of the Representation of the People Act 1983 already prohibits “local” third-party spending over £700 which has not been “authorised in writing”; therefore, it requires specific authorisation. Where such spending is authorised by a candidate, the candidate must also report on the spending incurred by the third party. If a third party, which could include a political party, spends over that threshold without authorisation, an offence has been committed. The Elections Bill does not alter this. Where a third party, including a political party, has provided property, goods and services free of charge or at a discount, or has made use of property, this must be recorded as a notional expense.

I can assure the noble Lord on those points that we are absolutely committed to the assurance my noble friend gave and that we are not acting in response to the judgment of Southwark Crown Court in 2019 in relation to 2015 and the issues of uncertainty that have arisen. Therefore, I hope that the noble Lord will accept those assurances and be ready to withdraw his amendment that would remove this clause from the Bill.

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I end by thanking all those who have thrown their weight behind making these changes and, last but not least, my noble friend the Minister and the Bill team. I beg to move.

[Lord Collins of Highbury (Lab)]

My Lords, I rise briefly to welcome and support the noble Lord. Throughout the stages of the Bill, I have repeatedly welcomed some of his contributions, particularly in relation to third-party campaigning and creating the certainty and clarity that they need to ensure that the chilling effect does not have a huge impact on our democracy. I very much welcome this, and I welcome the principle that the code of practice provides that necessary parliamentary scrutiny. We welcome these amendments.

[Lord True (Con)]

My Lords, one of the charming aspects of your Lordships’ House is that when a Minister is being chided for not listening to the House it is rammed to the gills but when the Government make a concession there are not quite so many here. None the less, I thank not only my noble friend Lord Hodgson but colleagues in other parts of the House who have made this case, including the noble Lord, Lord Blunkett, who is not in his place for perfectly understandable reasons.

The amendment would create a new clause in the Bill which would remove a permissive power that allowed the Electoral Commission to prepare a code of practice, and instead, as your Lordships have asked, replace it with a requirement on the Electoral Commission to produce such a code of conduct. It also specifies the scope of the code, sets out the consultation process and procedure for the code, and creates a defence for third parties who are charged with offences under Part 6 of PPERA. It also makes the necessary consequential amendments to Clauses 20 and 25.

As my noble friend kindly acknowledged, in Committee I promised to consider his suggestions on a code of practice for third-party campaigners. He made his arguments in good faith, on the basis of great experience and genuinely reflecting the opinions of the sector. As he acknowledged, my officials and I have since met him and concluded that these changes are necessary and important for third-party campaigners.

The new statutory guidance—I do not know whether it will come to be called “the Hodgson guidance”—will provide certainty for third-party campaigners on how to comply with the rules relating to third-party campaigning. The amendment provides for the guidance to be comprehensive, and I say to my noble friend that it is our hope that this will address the term “the public” used in Part 1 of Schedule 8A on qualifying expenses.

The amendment requires the commission to consult the Speaker’s Committee on the Electoral Commission and the Levelling Up, Housing and Communities Committee, as in our earlier proposals on the strategy document. It also requires the commission to consult such other persons as the commission considers appropriate. As part of the statutory consultation, the Government would certainly expect a cross-section of civil society groups to be consulted; I can give my noble friend that assurance.

I am pleased to confirm that the Government are fully supportive of these three amendments, and I very much hope that your Lordships will support my noble friend.

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I therefore urge noble Lords to support my amendments, and I beg to move Amendment 55.

[Lord Collins of Highbury (Lab)]

My Lords, I will be very brief again. I accept that, in Committee, I went on at length about this issue, although I did not repeat that later on. I accept that the noble Lord has entered into some proper consultation with the TUC and TULO. I welcome those meetings, and I certainly welcome the letter he wrote to both Frances O’Grady and Mick Whelan. It was welcomed particularly in reference to Clause 26—not only the reassurance that this will come from the Electoral Commission, but that there will be proper parliamentary scrutiny. So I very much welcome the Minister’s response and the fact that this House has been able to influence him in removing a clause from the Bill. I thank him very much.

Amendment 55 agreed.

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[Lord Collins of Highbury (Lab)]

My Lords, we had a lengthy debate on this in Committee and I accepted what the noble Baroness the Minister said at the time, that actually the requirements in the current law will be strong enough to ensure that the principle that we all want—greater transparency—will be applied. Certainly, I accepted that and understood it, because I think we all shared the concern that “reasonably practicable to comply” could be a huge loophole and she assured us that that would not be the case. We also discussed in Committee the fact that the industry itself, the online industry, had produced the means to ensure greater transparency. I made reference to the Adobe briefing, which I think is really important. I think we are all at one in terms of what is required.

On the amendment of the noble Lord, Lord Hodgson, I agree with him completely that it is again providing the means to ensure greater transparency. Certainly, from these Benches, we support his amendment and if he decides to divide the House, we will support him.

[Lord True (Con)]

My Lords, the Elections Bill, let us not forget, will introduce one of the most comprehensive digital imprint regimes operating in the world today and I submit to your Lordships that whatever shortcomings they may feel, or however much further they want to o’erleap the ambitions of the Government, these proposals are about increasing transparency for voters and empowering them to make informed decisions about the material they see online. As the noble Lord, Lord Collins, said, there is much agreement on that point, but we cannot, I fear, support Amendments 58, 60 and 62 in the name of the noble Lord, Lord Clement-Jones, because they do not, in our submission, strike the right balance between increasing transparency and proportionate regulation of campaigning, while Amendments 61 and 65 would be highly difficult to enforce and would risk unduly stifling online campaigning and free speech, although I concede to the noble Lord that this matter will be further debated in the Online Safety Bill.

Regarding Amendment 58, it will not always be practical to display the imprint as part of the digital material itself; for example, as noble Lords have said, in a text-based tweet, where there is a strict character limit. This amendment would not give campaigners the limited, yet crucial, level of flexibility afforded by the Government’s regime and would thus risk unreasonably hampering their ability to campaign on some digital platforms. The above reflects the carefully considered and pragmatic approach we have sought to adopt. I know the noble Lord’s concerns; I appreciated the discussion we had and I understood where he was coming from. The perceived permissiveness of the guidance surrounding the Scottish digital imprints regime, in so far as it created a perceived loophole, was worrying him. I am pleased to confirm on the record here, as I said privately, that our regime will not operate in the same way.

The digital imprint regime that applies at elections in Scotland does not specify requirements regarding the location of the imprint, which is why the Electoral Commission’s guidance in Scotland was not prescriptive in this respect. However, our new regime does provide the necessary specifics on the rules regarding the location of the imprint. Campaigners will be required to ensure that their imprints are displayed as part of the material. Only when this is not reasonably practicable—this touches on my noble friend’s amendment—may the imprint be located elsewhere, but it must still be directly accessible from the campaigning material. Those who do not comply will be committing an offence. Furthermore, the statutory guidance we are proposing as part of our regime will provide practical directions to campaigners on how to follow the rules, including regarding the location of the imprint. This guidance will be subject to parliamentary approval, meaning that parliamentarians will be able to ensure that it provides sufficient clarity for campaigners to comply with the rules. I hope the noble Lord will be reassured by those points.

On Amendment 60, candidates and registered campaigners already have to detail their election spending in their returns and provide invoices for payments over a certain amount, including in relation to digital campaigning. These are then made available for public scrutiny. The Government have explained that this requirement on campaigners to submit more detailed invoices or receipts about digital activity would need to be looked at carefully, as the detail provided is determined by the suppliers themselves, not the recipient. It could therefore prove difficult and burdensome for campaigners to comply with these additional requirements.

Similarly, Amendment 62 would require all campaigners promoting paid political advertising, and not the online platforms, to maintain a library of those advertisements, with specified information, for at least 10 years. I understand where the noble Lord is coming from, but we have explained that in our view this risks adding an unreasonable burden on campaigners, particularly smaller groups that rely on volunteers, or groups that are established only for the lifetime of a particular campaign. It is also not clear that there is a sufficient case for regulation in relation to political advert libraries, given, as the noble Lord acknowledged, that major platforms such as Facebook, Google and YouTube already make available libraries of political advertising that they host.

My response to Amendment 61 will focus on paid-for political advertising, as defined by Clauses 41 and 42, rather than other electronic material, as defined by Clauses 43 and 44, given that other electronic material is relevant only to UK-based entities anyway, with the exception of registered overseas electors who have also registered as third-party campaigners. The Government agree with the principle that there should be strict limitations on ineligible entities overseas spending money campaigning during UK elections, including on digital advertising.

Clause 25 will already remove the scope for any legal spending by foreign or otherwise ineligible third-party campaigners above a £700 de minimis limit. This is a huge reduction, given that those same actors can currently spend up to £20,000 legally during the regulated period in England, or £10,000 in Scotland, Wales or Northern Ireland. Further to this, by requiring an imprint on all paid-for electronic campaigning material, regardless of where in the world it comes from, the digital imprint regime will already greatly improve transparency of political advertising from overseas actors. For any material that is published in breach of the imprint rules, the enforcement authorities are able to require the relevant social media platform to take down the material.

Strict controls on spending and clear transparency about origin are essential. But I cannot agree to a fast-considered and potentially disproportionate blanket ban on all political material from foreign actors within scope of the digital imprint regime. We would need again to examine carefully the implications and practicalities of enforcement and restrictions on freedom of speech to avoid any risk of unintended consequences.

I turn to Amendment 65. The Government remain concerned that this amendment includes no reference to intent and that the proposed new clause, as drafted, could criminalise unintentionally false statements. It could, therefore, be very broadly applied. It could also discourage people from raising any legitimate concerns for fear of a statement being considered false. This offence could potentially provide broad powers to clamp down on anyone who expresses genuine concerns about the process of an election. Overall, we believe that this clause could have unintended but potentially severe implications for freedom of speech.

I reassure the noble Lord that the Government take electoral disinformation and misinformation very seriously, but we believe that these are best addressed through non-legislative measures, such as the counter-disinformation unit to which the noble Lord referred and which was explained during our debate in Committee. Any regulation must be balanced with the need to protect freedom of expression and the legitimate public debate which is crucial to a thriving democracy.

The response on the face of the noble Lord, Lord Clement-Jones, is one of disappointment, but I thank him for his amendments. I hope that I have brought some clarity to the questions raised. I hope he feels able to withdraw Amendment 58, although I acknowledge that he will pursue certain matters on another Bill.

Finally, I turn to Amendment 59, tabled by my noble friend Lord Hodgson. The Government entirely agree that it is right that third-party groups campaigning at elections should be transparent and clearly identifiable. This is why the digital imprints regime will require recognised third-party campaigners to declare who they are when promoting relevant online campaigning material to the public, including but not limited to their websites. Where third-party campaigners use their websites to campaign, as defined by Clause 43, an imprint will be required. Promoters will be required to ensure that the imprint—or access to it—is retained as part of the material, if it is moved on. Where promoters comply with the digital imprint rules by adding an imprint in material displayed on their website, the imprint will be visible for as long as the material is available to the public online and remains in scope of the rules.

I know that my noble friend is not convinced that it is sufficient that third-party campaigners are already publicly listed on the Electoral Commission’s website. We believe that the current rules, supplemented by the new digital imprint rules, will provide increased transparency and identify recognised third parties. There are specific problems about the construction of this amendment, which I have discussed with my noble friend. As currently drafted, the amendment would create a new offence but does not specify a penalty for its commission or any statutory defences against the charge. Further, and I am sure this is entirely inadvertent, the amendment is drafted such that any website owned and operated by a recognised third-party campaigner—for example, a large charity which might have many different websites—would be captured, even if it were unrelated to the campaigning activities for which the third party is registered. It could lead to a disproportionate application of criminal liability. These proposals would need further discussion with third-party campaigners and potential enforcement authorities. Digital regulation is a complex area. Few have thought about it more than either the noble Lord, Lord Clement-Jones, or my noble friend. But these digital imprint provisions were consulted on publicly—twice.

My noble friend is not entirely enamoured of the letter I wrote to him recently to assure him that the Government will continue to keep the transparency of digital campaigning under review. I underline this commitment. I assure my noble friend and the House that I will ask my officials to engage with the Electoral Commission to consider whether my noble friend’s proposal could be included as best practice for third-party campaigners, which the House has agreed to secure, in the commission’s guidance.

With these assurances, I hope that the noble Lord, Lord Clement-Jones, will feel reassured to some degree by the clarifications that I have been able to give and withdraw his amendment.

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[Viscount Stansgate (Lab)]

My Lords, we are nearing the end of this debate on Report. I cannot say that this Elections Bill is one of this Government’s finest constitutional measures. Although it is late in the day, we have just heard from the noble Lord, Lord Stunell, a very clear exposition of some of the questions which have not been answered, and I think it is perfectly fair to ask the Government—even at this late stage on Monday night—to provide some answers.

I find myself sitting here thinking back to the time that John Stonehouse disappeared, which some noble Lords may remember. When he disappeared, it became clear that there was no provision under British electoral law to remove him from his position as a Member of Parliament. Even though he was arrested and imprisoned in Australia, his constituency went unrepresented, because there was no way of getting rid of him. So things that might appear to you to be unlikely, such as those outlined by the noble Lord, Lord Stunell, might still one day actually occur.

The only thing I would add is that, over the Easter Recess, I met a British citizen who left Britain 55 years ago. He has been living in an EU country. I can report to the House that he was astonished to discover that the Government were now planning to give him the vote. He asked me a number of questions, such as “Where would I cast my vote?”—which brings me to the questions mentioned by the noble Lord, Lord Wallace of Saltaire. Some countries, France being one of them, have overseas constituencies. After decades of inaction, the Americans finally made it possible for Republicans and Democrats abroad to vote while living in the UK. I am sorry to say this at such a late stage, but this is an area that has not been as fully thought through as it should have been. That is exactly what this House is here for and I look forward to the Minister’s reply.

[Lord Collins of Highbury (Lab)]

I too thank the noble Lord, Lord Stunell, for his excellent introduction to this amendment. It is worth focusing on the fact that the Minister has, on numerous occasions, stressed the impracticalities of some of the amendments that have been considered today, saying “We can’t do this because it’s impractical”. Yet, without any thought, the electorate can be increased from 1 million to 3.3 million, as we heard from my noble friend earlier, without any infrastructure or effort to manage the implications.

The noble Lord, Lord Wallace, talked about other countries. Other countries have different voting systems, such as list systems and regional systems. But our democracy is fundamentally based not on a party system but on the constituency system, where an individual MP represents the people of that constituency. With what is being proposed, we could suddenly have, as my noble friend said earlier, 7,000 or 8,000 people being allocated to a constituency who, according to the noble Lord, Lord Stunell, have never lived there. And we will not even make any attempt—or there will not be any practical way—to verify people’s entitlement to vote.

In this Bill, we have said that if a resident in a constituency turns up at a polling station but fails to produce photographic evidence of their entitlement, they will not be given the vote. But someone who lives abroad can get a vote in a constituency and be sent it without any proper checks. It is absolutely crazy that the Government are not taking the time to look at the practical implications of this. It comes back to the point: why is it being done? It does not really appear to be being done to defend and enhance our democracy. I know I have said it before, but all this effort is going into people who have left this country, who have never lived here or who have lived here for a very short period of time—we are extending the vote to them—but people who have lived here for 27 years, and paid tax and national insurance, will not be given the vote. It is crazy.

This amendment is absolutely right. It would ensure that the Government pay proper attention to the practical implications of their policy and do so in a timely fashion. It is not as if we are trying to say, “Don’t do this”—even though I agree with my noble friend and would prefer that the Government did not do it. The amendment is saying, “Okay, if you’re going to do it and if it’s a principle you support, do it properly. Understand the consequences, particularly the consequences for our democracy”. This side wholeheartedly supports this amendment.

[Baroness Scott of Bybrook (Con)]

My Lords, I will first answer the questions from the noble Lord, Lord Stunell. I am sorry that he did not get as much information as he needed, but I will have to hold the House a little longer to give him more detail.

On candidature, anyone who wants to be a candidate in an election in this country needs to be a resident of this country and to have proof of residency. So, nobody living abroad can be a resident of this country—that is the first thing.

Elections Bill

Lord Collins of Highbury Excerpts

Lords Hansard - Part 2 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Lord Shipley (LD)]

My Lords, I shall make a brief comment in support of Amendment 44. In Committee I proposed an amendment to give those liable to pay council tax the right to vote in local elections. The Government said no, but I still believe that to be right in principle. I see it in part as an issue of consumer right—in other words, the principle is, “No taxation without representation”.

We are now in a position, it seems, where the Government have decided to extend the franchise to long-term emigrants from the UK, so that they can vote in parliamentary elections, but they have so far denied the right to vote to those nationals of other countries who live and pay tax here. I think that is a very serious anomaly. In Committee, the noble Lord, Lord Wallace of Saltaire, referred to

“the tangle of voting rights left by imperial history”,—[Official Report, 28/3/22; col. 1284.]

which gives the franchise to some but not others. I find it regrettable that the opportunity has not been taken by the Bill to correct the many anomalies that still exist. I hope the Minister and the Government will be prepared to reflect on that.

[Lord Collins of Highbury (Lab)]

My Lords, I made quite a lengthy contribution in Committee and I have no intention of repeating it—although I think there are some points that are worth emphasising.

This is not a matter of principle. In fact, the Government and Opposition are agreed that people under the settled status scheme should retain the vote they had under the EU membership we had previously. It is just that new entry to the country will stop on 1 January 2022. That is the real issue. What we have been arguing about is the fact that those who put down their roots in this country and have lived here for 25 years—or even 15 years, to use the comparison with others who are going to get the vote—have made their home here, pay their tax here, and in the main pay their council tax here are not going to have the vote if they come here and achieve settled status.

Of course, one of the things about settled status, ILR and ILE is that they all require five years of continuous residence in the UK. Is that not a good basis for offering the vote? Is that not the connection that the noble Lord, Lord Hodgson, mentioned? I am hesitant to quote him, because he says that I sometimes get it wrong, but I heard him say “close connection”. We should surely afford someone who has lived here continuously, made their home here and paid their tax here the right to vote and be part of the local community they live in.

I can hear the Minister say, “They can become British citizens” but, as I said in Committee, there are people who make their home here who may not wish, for many reasons, to take out British citizenship. For some, like my husband, it is because they do not want to give up their Spanish citizenship, for example, where other countries do not afford the right to dual nationality. This country does, but there are many others that do not. These people do not want to break that relationship, particularly if they have family or parents there.

This is not a matter of principle that divides us. It is something that I fear this Government have done on many occasions, which is to say, “We’re not going to give the vote to people who make their home here unless the Governments from the countries they came from give our nationals the vote”. It becomes a bargaining issue. Again, I do not think that is right. It should be a matter of principle, which we have already conceded; under the agreements that we have, EU nationals with settled status will continue to have the vote. If the Government can agree to that, why can they not agree to this amendment?

[Lord True (Con)]

My Lords, I regret that we will not be able to agree to these amendments, but I preface my remarks by sending my very best wishes to the noble Lord, Lord Green. He ploughs sometimes a lonely furrow in this Chamber, but he is somebody of the most outstanding integrity and is greatly respected in your Lordships’ House. I very much hope that my good wishes are passed on to him. The engagement meeting I had with him when I had Covid was over Zoom, so I do not claim responsibility—but I offer the profoundest sympathy to him.

Amendment 43 in the name of the noble Lord, Lord Green, would require the Government to consult each Commonwealth country and produce a report on how we might confine the voting rights of Commonwealth citizens to citizens of those countries that grant British citizens the right to vote. Each country has the right to determine its own franchise, and the United Kingdom has done this. Qualifying Commonwealth citizens—that is, those persons who have leave to remain in this country or who have status such that they do not require such leave—are entitled to the parliamentary franchise. The rights of Commonwealth citizens are long-standing, and they reflect our unique historic ties to the family of Commonwealth nations and with Her Majesty the Queen.

Historically, while the Commonwealth countries were part of the British Empire, their nationals were subjects of the British Crown, and they were governed directly by the British Parliament. In 1918, the Representation of the People Act provided that only British subjects could register as electors. The term “British subject” then included any person who owed allegiance to the Crown, regardless of the Crown territory in which he or she was born. This recognised in part the contribution of servicemen of so many nations who fought in the Great War.

Elections Bill

Lord Collins of Highbury Excerpts

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

[Lord Stunell (LD)]

My Lords, I have a great deal of sympathy with what the noble Lord, Lord Hayward, has put in front of your Lordships just now. I would have hoped to hear a much more vigorous response from both the Electoral Commission and the Metropolitan Police if the facts are exactly as he brought them to this House. I hope very much that the Minister in replying will be able to give assurances on the one hand about past history but, more importantly, that the department will write in appropriate terms to the Electoral Commission and the Metropolitan Police setting out clearly the best legal advice of the department’s lawyers on the interpretation to be put on current legislation. If the Minister is not able to offer us that course of action, I suggest that the noble Lord, Lord Hayward, may want to push his amendment a little further.

[Lord Collins of Highbury (Lab)]

My Lords, I, too, have sympathy with the noble Lord, Lord Hayward. Certainly, this is a matter of concern. I will stress a point he has made: the law is clear, and there is no ambiguity about that. So, if there is an issue, I think it is a matter that the Minister should raise with the Electoral Commission.

Over the many years that I have been campaigning, I have been in no doubt about the authority of the police who patrol around polling stations. It is absolutely clear. One of the things that worries me about the amendment is that it is not necessarily going to clarify something which I think is clear in law. I think it is the responsibility of the Minister to make this clear to the Electoral Commission. The police should have that responsibility; they do not need the advice of the Electoral Commission to apply the law, which, as the noble Lord said, has been there for hundreds of years.

So I hope that the Minister, when he responds, will be very clear that the law needs to be applied and that there is no doubt about it. If there is ambiguity from the Electoral Commission, I hope that the Minister will point it out to it.

[Lord True (Con)]

My Lords, I thank my noble friend for bringing this subject forward again. I know he strikes a chord with all of us on all sides of the House. It is an important issue. There is an important principle which underpins these concerns, and I agree with the noble Lord opposite that the law is clear. Indeed, in the material sent out for the Tower Hamlets elections in May 2022, the guidance to electors states:

“Under no circumstances are family members and/or friends permitted to assist each other when casting their vote in the polling booth”.


That is clearly the position.

A person’s vote is theirs and theirs alone. I have said before in this House that it is completely unacceptable in the 21st century that women—and it is normally women—experience pressures from family members in the way that we have seen. The Government fully share the feelings of Members who have spoken about the importance of ensuring that this is firmly stamped out from our elections. Secrecy of the ballot is fundamental, and I state unequivocally that the current law requires that voters should not be accompanied by another person at a polling booth except in specific circumstances, such as being a formal companion or a member of staff.

The Electoral Commission issues guidance to returning officers and their staff to support them in upholding the integrity of the process. The Electoral Commission guidance specifically advises polling station staff that they should make sure that voters go to polling booths individually, so that their right to a secret vote is protected. The Electoral Commission will update its existing guidance as necessary, in light of new Clause 8 in the Bill, which extends secrecy protections to postal and proxy voting.

As my noble friend asked when we last discussed this, given the important concerns that have been raised on voting secrecy, Minister Badenoch wrote to the Electoral Commission and the Metropolitan Police, as my noble friend acknowledged, to confirm our common understanding of the position in law that the only people who should provide assistance at a polling booth are polling station staff and companions who are doing so only for the purposes of supporting an elector with health and/or accessibility issues which need such support. That is the position.

My noble friend spoke about the concerns he still has on the ongoing integrity of elections in Tower Hamlets. However, I hope that having seen the swift commitment of my honourable friend Minister Badenoch to take this issue up, he will be assured that there is and will be a concerted effort to ensure that the integrity of those elections can be upheld and that the law can be upheld everywhere. I know that my noble friend was not satisfied with elements of the Electoral Commission’s response, but I hope very much that the commission will examine what has been said in your Lordships’ House today and reflect on the points put forward. In that light, I hope that my noble friend will feel able to withdraw his amendment.

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Moved by

[Lord Collins of Highbury]

39: Clause 12, leave out Clause 12

[Lord Collins of Highbury (Lab)]

My Lords, I will introduce this amendment, tabled by my noble friend Lady Hayman of Ullock. I hope that we can avoid what we incurred in Committee, which was a detailed and long debate about the merits of proportional representation versus first past the post. I do not think that what we are dealing with here is about removing proportional representation. The supplementary vote system that has been introduced, particularly in London, is not about proportional representation. I hope that we can therefore avoid a detailed debate about the merits of the respective positions. Nor is this amendment about undermining the principle of first past the post. In introducing this amendment, our concern about the Government’s late action is that they failed to consult those affected, particularly in London, properly. The failure to consult undermines the introduction of this element into the Bill.

I know that, in Committee, there was a strong focus on spoiled votes in London. They can be properly addressed through, for example, the design of the ballot paper and the information that is provided. However, as I say, I am not concerned about the principle here so much; I accept that the Minister has made compelling arguments for why we should maintain first past the post. I do not object to them—my position is not necessarily that of other opposition parties here—but I do think that the Government have made a big mistake in undermining the supplementary vote system. In the past, my noble friends have referred to it as a way of ensuring, when we introduced the mayoral system, that somebody who is elected has a broad acceptance given the unique powers they have been given, particularly in London.

I hope that we can have a relatively short debate about this, and that we get commitments from the Government that they recognise that the introduction of this measure undermines the principle that you should first consult those who are most affected. I hope that the House will support this amendment; I should say that it is our intention to test the opinion of the House on this important principle.

[Lord Shipley (LD)]

My Lords, my name is attached to this amendment, together with those of the noble Baronesses, Lady Hayman and Lady Bennett, and the noble Lord, Lord Kerslake, and I fully support it. I note the comments of the noble Lord, Lord Collins, many of which I agree with, and there are some outstanding issues of principle which we debated earlier in your Lordships’ House but need to be restated.

Let us remember that Clause 12 was a late change; it did not appear until Committee in the other place. It changes the voting system without consultation, as the noble Lord, Lord Collins, said. I recall that when the referendum on the establishment of the Mayor of London was held, the voting system was part of that consultation, and it is dangerous when a Bill introduces at a late stage a change to the voting system which has been approved in a referendum of the people in that place. I urge the Minister to use great caution in doing that.

This is not just about London; it is about the elected mayors of combined authorities—of which there are an increasing number—the elected mayors of local authorities in England, and police and crime commissioners. Because it changes a system of support from the supplementary vote system, which requires more than 50% support at the ballot box, to first past the post, which does not require 50% support, there is a fundamental issue of principle. Why do the Government think it proper for an elected mayor to have such widespread powers over resources, but to be elected by possibly as low as under a third of those voting? When one considers the structure of our parliamentary democracy, with the number of MPs and the desire of political parties to win general elections with the majority of the seats—or if you think of the election of a council leader, who has to have the majority support of all councillors at the council’s annual meeting—it seems strange that, in England, mayors who do not have majority support at the ballot box are to be elected, yet they have substantial control over resources and policies in their area. In London there is at least an assembly, but in the other mayoral combined authorities there are no assemblies. The scrutiny function is not well undertaken within combined authorities in England. The Government may or may not push this through. When the noble Lord, Lord Collins, moves this to a vote, I hope the House will ask the Government to think again, because major resources should not be allocated to mayors on the basis of a minority vote in the ballot box, and almost certainly on a low turnout.

The noble Lord, Lord Collins, pointed out that the Government have made much of the fact that 4.3% of ballot papers were spoilt in the last London mayoral election in 2021. That was up from 1.9% in 2016, and the noble Lord, Lord Collins, identified the reason for the increase: the ballot paper had 20 candidates and it ran to two columns, and it was confusing. Had it been designed differently, the level of spoilt ballot papers would not have been as high as 4.3%. I hope the Government will think again.

The control of public money needs to be at the front of our minds. We could find that someone with a very low proportion of votes cast on first past the post ends up with substantial power and control over the spending of resources that exceeds his public support, and we might begin to wonder why.

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[Lord True (Con)]

I have not read as many volumes on proportional voting systems as the noble Lord. I simply repeat that 430 out of 440 voting areas supported first past the post in 2011.

It is clear from points brought forward in our debate that alternative voting methods can be confusing and not easily understood. In September 2021, the Government responded to the Electoral Commission’s report on the London mayoral elections. The figures are that 114,201 first ballots were rejected and, of second preferences, 265,353 were invalidated. We have heard that this was all because the form was difficult, badly designed and so on and so forth. This is not a system which it is easy for the electorate to understand. We have heard that only 4.3% of votes were rejected—that is one in 23.

First past the post reduces complexity for voters and for electoral administrators. It makes it easier for the public to express a clear preference, providing strong local accountability. It is also cheaper. For example, the complex system in London requires e-counting—a devastatingly boring count that, last time, cost £9 million.

In our contention, these voting systems are a recipe for confusion and for legislative and administrative complexity. We intend to pursue our manifesto commitment to support first past the post both locally and nationally. I acknowledge that there is disagreement on the matter. I do not believe we need to debate it further now. I respectfully urge that the amendments be withdrawn and that this clause to bring simplicity and clarity to these elections should stand part of the Bill.

[Lord Collins of Highbury (Lab)]

My Lords, what really struck me from the Minister’s responses was that, if the Government felt so strongly about this, why was it not in the Bill originally? If the London elections in particular caused so much of a problem, why was it not a priority? The fundamental issue is not about the principle of PR or the supplementary vote—which is not PR. It does not undermine the position of first past the post. Our concern is that this has been introduced at a late stage without any proper consultation with those most affected. This undermines the Government’s position, especially as they inserted it into the Bill at such a late stage. I beg to test the opinion of the House.

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

My Lords, I should point out that, if Amendment 39 is passed, I cannot call Amendment 41 by reason of pre-emption.

Elections Bill

Lord Collins of Highbury Excerpts

Lords Hansard - Part 2 & Committee stage
Wednesday 23rd March 2022 Lords Chamber

I will not bore the Committee with those endless Churchillian quotes about how we judge a society by how it treats its prisoners. Instead, I will quote the new and very dynamic chief executive of the Howard League for Penal Reform, Andrea Coomber QC, who says: “Denying prisoners the vote only ostracises them from the civic engagement that marks a healthy democracy. Voting, particularly for those who will soon be released, is an important signal of a commitment to rehabilitation and reintegration. We should be championing prisoner voting, not banning it.”

[Lord Collins of Highbury (Lab)]

My Lords, I heard all the contributions from all sides of the House, and I thank the noble Lord, Lord Thomas, for his introduction, which quite accurately set out the history. I have read the parliamentary Commons briefing as well. The reality is that the position of the Labour Party has not changed, and we do not support this amendment.

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

My Lords, I am grateful to all those who have spoken. Amendment 139, as has been said, seeks to extend the franchise for parliamentary elections to prisoners serving a term of 12 months or less. This Government believe, in common with the party opposite, that when a citizen commits a crime that is sufficiently serious to detain them in prison, they have broken their contract with society. In addition, the Government have made their position clear. We said openly in our manifesto:

“We will maintain the ban on prisoners voting from jail.”


Prison means the loss of a number of rights and freedoms, not least the right to liberty and freedom of association. The Government believe that the loss of voting rights while in prison is a proportionate curtailment of such civic rights. As such, we cannot support this amendment.

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[Baroness Scott of Bybrook (Con)]

I do not know, but I will look into that with the team.

Automatic registration therefore risks not being truly automatic or adding ineligible people to the register. For example, under the EU voting and candidacy rights changes provided for in the Bill, very few EU citizens who arrived to live in the UK after 31 December 2020 will have the right to register to vote, but most will be issued with a national insurance number. Moreover, most national insurance numbers are issued before someone is 16, which is too young to be added to the register, even as an attainer, in England and Northern Ireland. Therefore, the Government have no plans to introduce automatic registration at this stage, and I request that this amendment be withdrawn.

The noble Baroness, Lady Bennett, and a number of other noble Lords asked what we are doing to encourage registration. Since its introduction, the register to vote website has revolutionised the ability of electors to participate, with over 60 million applications to registers being submitted since 2014. In the last UK general election, a record 47 million people were registered. We continue to refine and adjust the way that the digital system works to improve its security.

The noble Baroness, Lady Hayman, brought up accessibility. It is very pleasing to see that the register to vote service has the highest accessibility rating—AAA—under the web content accessibility guidelines. It is also the responsibility of the Electoral Commission to promote participation, and it runs an annual campaign to encourage eligible voters to register.

[Lord Collins of Highbury (Lab)]

I will ask a question, because this may impact on another group. The Minister mentioned that we will not know whether EU citizens who have come here properly after a certain date have the right to vote. The Government have signed agreements with a number of EU countries—Spain, for example—that will allow EU citizens to vote from them. Why is that a problem, in terms of this issue? How many EU countries have we signed reciprocal voting arrangements with?

[Baroness Scott of Bybrook (Con)]

No, I think we will deal with that later—but if we do not deal with that today, I shall make sure that the noble Lord gets a note on it, because I do not have a list of them to hand.

We have no plans to introduce automatic registration, and I request that the amendment is withdrawn.

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[Lord Collins of Highbury (Lab)]

My Lords, I hear what the noble Baroness says, but there are many reasons for a deposit. It is a well-established practice and I do not accept that it is necessarily a barrier, bearing in mind the facilities that being a registered candidate gives you—not least free postage for an election communication to every elector. There are certainly a lot of things you can already benefit from as a properly accredited, validly nominated candidate. There are lots of responsibilities to that, so I do not see grounds for change.

However, that does not mean I am opposed to some sort of examination of precisely how the deposit system impacts on candidates. The noble Baroness said that an argument might be made that it acts as a barrier to participation, but then she said that, when you look at general elections, a lot of candidates are thrown in, particularly in high-profile seats. It is a form of registration; you get your money back if you get sufficient support, so I do not see the grounds for changing.

[Lord True (Con)]

My Lords, I am afraid that, having been able to be reasonably accommodating on the previous amendment, I cannot meet the noble Baroness on this one for very similar reasons to those argued by the noble Lord opposite. The reality is that candidates have to provide a deposit of £500, which is lost if they get less than 5% of the vote. It is designed, as the noble Lord said, to ensure that, normally, only those who are serious about seeking public office will put themselves forward for election. However, it does not seem to have deterred Lord Buckethead over the years I have been following elections, although I suspect the figure under the bucket may have changed—he has been around a long time.

As the noble Lord, Lord Collins, said, candidates at parliamentary elections are entitled to have an item of election material sent to electors free of charge by the Royal Mail. Paying the deposit gives candidates access to over £20,000 of public money for this purpose in a typical case. This is a factor in the level of deposit required from candidates.

The noble Baroness proposes that, at a general election where a candidate standing wins one seat for a party, all other candidates standing for that party would be entitled to have their deposit returned regardless of the level of vote they receive. At a general election, there are a series of individual contests in individual constituencies across the country, as the Green Party knows very well from its successes. We submit that it would be a significant change for a result in one constituency to have any impact on contests in others. You can have very different results down the road; that is germane to a general election. While candidates can be members of parties, they stand for election on an individual basis and the law views them as such in terms of deposits.

As the noble Baroness sees it, this would help her party, which secured a little more than 2.5% of the vote nationally. The noble Lord, Lord Stunell, said it might help other parties. However, the reality is that, as she acknowledged, the Greens were not so popular, because they lost their deposit in 465 constituencies, which was up from 456 lost deposits in the previous election—they actually lost more. This amendment would require, as the noble Baroness acknowledged, nearly £250,000 of taxpayers’ money to be returned to Green candidates who had been rejected by taxpayers at the polls.

We would also need to consider very carefully the implication the proposal would have in individual constituencies. It could unfairly and, in my submission, inequitably disadvantage single, local independent candidates—we all know them, people who have strong issues in a local constituency, who put themselves on the line. They may get more of a share in a particular constituency than this national party, and then find someone they had beaten gets their deposit back, but they do not. A level playing field for elections is essential for our democratic processes, so I agree with the noble Lord, Lord Collins, that this would need a lot more consideration before we could go near this. The Government constantly review electoral activity, but I regret to say that we cannot support this change, and I urge the noble Baroness, Lady Bennett, to withdraw this amendment.

Elections Bill

Lord Collins of Highbury Excerpts

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

[Lord Collins of Highbury (Lab)]

My noble friend did not say that at the time.

[Lord Liddle (Lab)]

It was said in the councils of which I was part that it would be a good idea to shake up conventional politics at the local level. That was the argument.

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[Lord Collins of Highbury (Lab)]

My Lords, I will try to be brief. The Labour Party has supported and continues to support lowering the voting age. I would just say to the noble Lord, Lord Hodgson, that the last time we were in government and lowered the voting age, we lost the subsequent election. That was in 1970.

On civic education, in many of my contributions, I have mentioned the noble Lord, Lord Hodgson, and his committee’s report. It is excellent and worth rereading. He is absolutely right about the Government’s failure to respond properly to it. But citizenship education in schools and lowering the voting age are not mutually exclusive. Speaking from personal experience, I joined the Labour Party in 1970, partly because we had organised a mock election in my school. As a consequence of standing as a Labour candidate in that mock election, I went out and campaigned for Harold Wilson, even though I did not have the right to vote. I joined the Labour Party at the age of 15—noble Lords can now calculate how old I am.

[Lord Wallace of Saltaire (LD)]

Too young for the Lords!

[Lord Collins of Highbury (Lab)]

Well, there you go. I am still below the average age—just. The important point is that they are not mutually exclusive. This is about how we encourage people to participate in democracy and, as the noble Lord said, participation is not simply about voting. We want people to properly engage in civic society. That includes other groups which campaign and organise, because that is what influences our politics. Young people are certainly doing that, which is why we are very strongly in favour of this.

Of course, we have the evidence. Scotland and Wales now have a lower voting age, but they are not the only places. The Isle of Man and Jersey have it, as do Guernsey, Brazil and Austria, and it applies to some elections in Germany, Malta and Norway. There is strong evidence of how it can encourage participation and build this in, because when people start voting at a young age, they continue to vote. That is a really important point.

Picking up the point that I think the noble Baroness, Lady Bennett, made, the noble Baroness, Lady Davidson of Lundin Links, changed her mind through her experience in the referendum campaign. I read an article that she wrote for the Tory Reform Group as a consequence of that experience in 2016. She said:

“Those in favour of the status quo argue that while the referendum offered a clear, unambiguous choice, parliamentary elections present a more muddied, multi-layered decision which require a more mature electorate.


But having watched and debated in front of 16 and 17-year-olds throughout the referendum, I have found myself unable to agree. My position has changed. We deem 16-year-olds adult enough to join the army, to have sex, get married, leave home and work full-time. The evidence of the referendum suggests that, clearly, they are old enough to vote too.”


I agree with her. We should do this.

[Lord True (Con)]

My Lords, I fear I cannot accept these amendments, although, having been mildly disobliging on the previous group about those against first past the post, I will open with an area of agreement. I agree with the noble Lord, Lord Wallace of Saltaire, my noble friend Lord Lexden and the party opposite that we must do more—as much as we can—to engage young people in civic education and understanding what it is to be a future citizen. We are also having other discussions on trying, we hope, to persuade more young people to vote. There is strong agreement there.

We cannot accept these amendments because the Government, having reflected on the matter, simply do not believe that a reduction to 16 is the correct course. My noble friend Lord Hodgson of Astley Abbotts made a very strong speech on this. There are many difficult questions, as the noble Baroness, Lady Chakrabarti, said, about what constitutes full adulthood, which society has to wrestle with. We think, in common with most countries in the world—although not, I acknowledge, the devolved Administrations in Scotland and Wales—that the current position is correct.

We made that very clear to the electorate; we were not trying to hide it, because it was and is a subject of discussion between the parties. We have been criticised for our manifesto not being clear, but it was absolutely clear on this point:

“We will maintain the voting age at 18—the age at which one gains full citizenship.”


That was very explicitly stated. You may not agree with that, but it is the position. I hope the Committee will respect that. Eighteen is widely recognised in the vast majority of democratic countries as the right age at which to enfranchise young people.

There are difficulties. For example, the very radical proposal by the Liberal Democrats to legalise cannabis was not for people below 18 because they were not mature before that age. In 2010, the party opposite raised the age for using sunbeds to 18. Other examples have been given on some more fundamental and difficult questions of peace and war. With respect to the arguments I have heard, the Government believe that the settled, present position is correct, in common with most other democratic countries.

My noble friend Lord Holmes of Richmond’s amendment seeks to lower the voting age to 16 and 17 year-olds by linking the franchise to taxation. I fear I must disappoint him; taxation has never been the basis of democratic representation in this country. For example, an American citizen of voting age who works and pays taxes in the United Kingdom does not have the right to vote in parliamentary elections simply by virtue of tax. However, a British citizen of voting age who pays no income tax, such as a student, rightly retains the right to vote, as do those earning less than the tax-free allowance. In council tax there is a class S exemption—I think it is called that; it was in my day—for households of 16 and 17 year-olds precisely so that they should not pay council tax. The mixing of taxation and voting rights raises difficult problems. It would also potentially disfranchise people who could, for a range of reasons, be unable to work or find work or who may be working but not earning enough to pay taxes.

With respect to those who have a different opinion, the Government have reflected on this. Engagement is important; I was very proud when I was leader of a local authority—I know many other local authorities do the same—of the UK Youth Parliament and youth engagement through schools. I have similar recollections to the noble Lord opposite. These things are important. Let us work together across parties to try to do that, but I cannot recommend that the House adopts this principle in the Bill. I forecast to the Committee that, if it were proposed, because it was a manifesto commitment by the Government to maintain the present position, it would not find favour in the other place. I therefore ask the noble Lord to withdraw his amendment.

Elections Bill

Lord Collins of Highbury Excerpts

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

Moved by

[Lord Collins of Highbury]

92A: Schedule 3, page 99, line 2, leave out “3” and insert “5”
Member’s explanatory statement
This amendment would probe the expiration period of postal votes.

[Lord Collins of Highbury (Lab)]

I will move this amendment on behalf of my noble friend Lady Hayman of Ullock. At the outset I want to make it clear that we support steps to ensure that the use of postal votes has integrity, and we want to ensure that any evidence of abuse is properly dealt with. So there are issues in the Bill on which we concur. But I will make the general point that, certainly from 2001 to 2005, when there was a push to open up postal voting, I have been on the register for a postal vote. That was mainly because my job at that time involved travelling all around the country, campaigning in other constituencies, which meant I was rarely able to vote in my own.

If my noble friend Lady Quin had been here, she would have given us some specific examples from Tyne and Wear, where used to be her constituency. She saw turnout go from an average of 20% to 50%, and she points out that eight of the top 10 constituencies for postal voting were in the Tyne and Wear area. So there is clear evidence that, in terms of engagement, involvement and trying to increase turnout, postal votes have a very important role.

That is why we want to probe a little more, particularly with Amendment 92A, on why postal votes expire after three years when Parliaments last longer. We would prefer five years, as we have put down in our amendment. I would like to hear from the Minister why the Government have set the limit at three years, and what the conditions for that are, when five years might be more appropriate. We would be pleased to hear his arguments.

The noble Lord, Lord Scriven, has raised other issues, and I want to ask again why the number of postal votes that may be taken to a polling station is in secondary legislation. If there is an issue of principle, why is that not in the Bill, rather than in secondary legislation? Those are my brief comments, in particular on Amendment 92A. We really just want to probe why the Government have set a period of three rather than five years. I hope we can ensure that postal votes remain an important feature of our electoral system.

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[Lord True (Con)]

My Lords, had the noble Lord not made a very legitimate intervention, I would have read the next sentence. While an indefinite postal vote presents a significant security concern, we must also recognise that annual applications for overseas electors goes too far in the other direction and creates an excessive burden for administrators. That was perhaps the implication of his intervention.

Therefore, in order to ensure that arrangements remain harmonious across domestic and overseas electors, we will extend the registration period for overseas electors from one up to three years and tie the three-year postal vote cycle in with the new three-year cycle for renewal of overseas electors’ declarations. Overseas electors will be able to reapply or refresh their absent vote arrangements as appropriate at the same time as renewing their declaration. This alignment between absent vote and renewal arrangements will encourage overseas electors to remain on the register.

We recognise that this means more time spent on processing by electoral administrators. To balance that, we are working to introduce an online application process. This will benefit electors and is very much welcomed by administrators in reducing handling of paper and enabling automation.

Of course, the Government recognise the importance of having transitional provisions in place for existing long-term postal voters, so under the Bill those voters will continue to be able to vote by post until either the 31 January following the commencement of the provision or, if this is sooner, the 31 January following the commencement date by which the postal voter would normally be expected to provide a fresh signature. These arrangements will ensure that the change is phased in over a reasonable period of time. Electoral registration officers will be required to send a reminder to existing postal voters in advance of the date they cease to have a postal vote and provide information on how to reapply for a postal vote.

The amendments tabled by the noble Lord, Lord Scriven, to Clause 5 seek to prevent the powers of the clause to limit the number of postal votes that can be handed in from being used to impose any limitations on handing in via a council posting box and set a minimum of five for any limitation imposed in secondary legislation. There is significant concern that permitting a high number of postal votes to be handed in could facilitate electoral fraud and undermine the integrity of elections. This has been a long-standing issue in elections and has undermined confidence in the system. It does a disservice to many legitimate electors who make use of postal votes for valid reasons. Setting a limit on the number of postal votes that can be handed in is therefore necessary in our judgment. This clause will allow regulations to require persons handing in postal votes to complete a form giving details of the numbers they have handed in, which will help promote compliance with the new requirements and aid investigations into allegations of fraud.

However, I heard the point the noble Lord, Lord Scriven, made about the number, and his suggestion of five. We will keep his suggestion in mind as we continue to work with the Electoral Commission and electoral stakeholders on the issue as we develop the legislation. However, we will maintain the position that the permitted number should be confirmed in secondary legislation, giving time for further consultation. This is the right place for such details and allows flexibility for change should it be needed later if the figure initially established does not prove to be right in practice. I hope that with those assurances noble Lords will feel able to withdraw or not move their amendments.

[Lord Collins of Highbury (Lab)]

I thank the Minister for his explanation. In light of those comments, I beg leave to withdraw the amendment.

Amendment 92A withdrawn.

--- Later in debate ---

Moved by

[Lord Collins of Highbury]

93: Clause 4, page 2, line 12, after “person” insert “knowingly”
Member’s explanatory statement
This amendment would mean that an offence is only committed if the person knowingly handles a post voting document.

[Lord Collins of Highbury (Lab)]

My Lords, I stress that this is a series of probing amendments to try to better understand the sort of guidance that might be issued and ensure that people engaged in campaigns and the electoral process are not caught out by some genuine error or mistake. I know from when I have been out campaigning that somebody will often say, “Do you mind taking this postal vote to the postbox?” or something like that. People ask for all kinds of assistance innocently, so it is really important that we do not catch people out. We have also raised the question of how families and households may operate. Again, clear guidance needs to be provided.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

I think that all of us campaigners have been asked the same question many times on the doorstep.

This Government entirely share the concern that no offence should criminalise innocent behaviour. We have been especially careful to target the wording of the new offence to ensure that it is reasonable and proportionate where somebody acts with honest intentions. For these reasons, the Government consider that the offence provisions are appropriately worded and are therefore unable to accept that amendment or the others in this group.

In fact, against the concerns of Amendment 94, new Section 112A(2) of the Representation of the People Act 1983, inserted by Clause 4, already provides that a person who handles a postal voting document for use in a relevant election does not commit an offence if they are responsible for or assist with the conduct of that election and the handling is consistent with the person’s duties in that capacity.

Amendment 95 seeks to exempt legal guardians from the offence. There is an exemption in the clause for a political campaigner, if they are close family—

“spouse, civil partner, parent, grandparent, brother, sister, child or grandchild”—

of the other person whose postal vote they are handling. Legal guardians are not included, as they do not have the relevant powers when acting for adults, and their powers are primarily to do with decisions about a person’s medical care and their finances.

Amendment 96 also seeks to change the definition of political campaigner for the purposes of postal vote handling offences to include those who have donated to a campaign. The definition in the Bill is comprehensive and includes candidates, electoral agents and members of a registered political party who carry on an activity designed to promote a particular outcome at an election. Donating to a campaign is not the same as actively canvassing. Therefore, I am not persuaded that it should be amended to such a disproportionate extent. For this reason, I beg that the amendment is withdrawn.

[Lord Collins of Highbury (Lab)]

I thank the Minister for her response and, in light of her comments, beg leave to withdraw the amendment.

Amendment 93 withdrawn.

Elections Bill

Lord Collins of Highbury Excerpts

Lords Hansard - Part 1 & Committee stage
Monday 21st March 2022 Lords Chamber

If the impact is at anything like the scale the noble Lord, Lord Scriven, is concerned about, the big concern these international observers of our elections are going to be raising is that an untested, unpiloted reform of a highly peculiar kind, requiring identity documents specifically relating to an election, has had a chilling effect on electoral turnout in what had previously been regarded as a model democracy. Not only is this a profoundly unconservative reform; it may be one of the most retrograde reforms to promoting participation in elections since we introduced the secret ballot 150 years ago.

[Lord Collins of Highbury (Lab)]

My Lords, I intend to be brief, because I do not want to repeat all the excellent arguments that have been made. I think the important part of this debate is the issue of proportionality. Of course, as we have heard elsewhere in the Bill, it is incredibly disappointing that the key problems our electoral system faces—underrepresentation, low turnout, lack of registration—are not addressed, as referred to by my noble friend Lord Woolley. Also, I am going to keep to my record in referring to the noble Lord, Lord Hodgson, because this House’s Select Committee report on civic engagement showed that it is really important to address this issue in terms of education—better understanding our responsibilities and the role of the citizen.

[Lord Hodgson of Astley Abbotts (Con)]

I thank the noble Lord for giving way. Yes, the report of the committee that I chaired said that we needed a statutory ability to learn about citizenship throughout primary and secondary education—but nowhere did we talk about voter ID or the methodologies by which people would be identified for voting. So, with great respect, would the noble Lord please not pray me in aid for that particular?

[Lord Collins of Highbury (Lab)]

I hear what the noble Lord says, but it will not stop me—because in the argument about proportionality the question is, “What is the most important problem that we seek to address?” At the end of the day, we are focusing on this issue of voter ID to address a concern over fraud. As we have heard from the debate, it is not the evidence of fraud that we should be concerned about but the concern about concern, which actually undermines the argument completely.

I come back to the point made by the noble Lord, Lord Woolley. What evidence do we have? Of course, we have heard about the pilot schemes in the local elections of 2019. What the noble Lord highlighted well was that the Electoral Commission noted that between 3% and 7% of those who engaged in the election were turned away because they did not have the right form of voter ID, including non-photographic ID. As the noble Lord said, those small pilot schemes were not reflective of a general election. If you extrapolate that to a general election, the Electoral Commission and others have suggested that between 50,000 and 400,000 people could show up at a general election and then be turned away. What is that going to do to confidence in our electoral system? Not much, I would suggest. It is pretty appalling that we are focusing on that issue, when there is a desperate need to focus, as the noble Lord, Lord Hodgson, said, on civic engagement, how to encourage young people to participate and to register, and how to get that understanding of the need to vote.

I was sorely tempted to intervene on the noble Lord, Lord Hayward. Of course, I am fully aware of the rights and responsibilities of membership organisations, having had the responsibility of ensuring that the rules of the Labour Party were properly upheld. But that is not the same as what the right reverend Prelate was talking about: the universal right to vote. I have to pay for my Labour Party membership, and I have responsibilities to abide by its rules. That includes a whole host of requirements that the noble Lord has not mentioned—but what has that got to do with the universal right to vote? Not much, I beg to argue.

It has to come back to this whole point about what problem it is that we are seeking to address. It is a very, very small issue that we seek to address here, and we are taking a sledgehammer to crack a nut. I support all noble Lords who seek for this clause not to stand part.

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

Well, my Lords, I thank all those who have taken part in what has been quite a lengthy debate—but why not? It is an important issue.

I will try to answer the various points which have been made. The proposition in Clause 1, which is before us, is part of a whole series of measures which this Government are putting in the Bill to strengthen the security and integrity of elections. These include matters we are coming on to in relation to postal votes, the handling of postal votes and so on. There is a consistent overall desire in the Government to ensure that votes are cast, and cast with integrity. I submit to the Committee that there is no distinction—no “one or the other”—between wanting more people to vote and trying to secure the integrity of the vote. This is a false antithesis that has run through the debate. All of us should want to do both things: to ensure that all votes are honest and honestly handled, and that as many people vote as possible. We are able to do both; it is not one or the other.

Last week, on the first technical amendment in what was a lengthy series of amendments relating to voter identification, we had a wide-ranging clause stand part-style debate on many aspects of Clause 1, and on the assessments done on costs for voter identification and its potential impacts. I acknowledge that, as has happened again today, the Benches opposite have made it abundantly clear that they do not support this policy—or Clause 1 or Schedule 1 of the Bill. The Government disagree. In our submission, this policy is necessary and proportionate. It also implements the Government’s manifesto commitment to voter identification to protect the security and integrity of our ballot, so that our elections will remain secure well into the future.

The idea floated by some, including the noble Lord, Lord Adonis, that this was not a manifesto commitment because the word “photo” was not in the manifesto, is wide of the mark. As I said in our last session, the Government clearly declared their policy in the Queen’s Speech in October 2019, set out in detail in the briefing what that would mean, and referenced that in the manifesto. Manifestos briefly often reference established policy. Indeed, there was much debate at the time about the proposition that the Government had put on the table, including the photographic aspect.

I must tell the House that the Government regard this proposal as fully covered by the conventions of your Lordships’ House on manifesto commitments—as they would apply under the Government of any party. The process for voting in polling stations—

[Lord True (Con)]

The Government had an established and declared policy on voter identification which was referenced in the manifesto. Not every aspect of every policy goes into a manifesto. We do not normally put 177 pages—or whatever it was that the noble Lord, Lord Adonis, mentioned—into a manifesto. However, the specific details—not only the photo identification, but also the fact that we would offer, as part of this, a free card to anyone who is not covered by any of the aspects of the policy—were declared public policy. That, too, remains the Government’s policy.

My noble friend Lady Noakes said that the process for voting in polling stations in Great Britain has seen no significant changes in its security since the Ballot Act 1872. The noble Lord, Lord Adonis, mentioned another Gladstonian reform. None the less, the system used in the Victorian era, in a confined franchise in smaller communities, is in our submission simply not fit for the 21st century. There are undeniable vulnerabilities in our system—covered not only in this Clause 1 measure but in others as we track through the Bill—which let people down because they can lead, and have led, to votes being stolen by unscrupulous individuals. The introduction of photographic voter identification as a solution to such vulnerabilities is supported by the independent Electoral Commission. As we have heard, it is also backed—

[Lord Collins of Highbury (Lab)]

I am sorry to interrupt. I do not want to delay proceedings any more, but the noble Lord just referred to the Electoral Commission. It suggested in its briefing to noble Lords that the Government should also consider options on polling day for those people who have lost their ID and have not received their voter card to ensure that no one loses the opportunity to vote. This could include using a vouching system as the noble Lord, Lord Scriven, referred to, which applies in Canada. Is the Electoral Commission’s recommendation going to be considered by the Government when they introduce voter ID?