Elections Bill

Debate between Lord Hayward and Lord Khan of Burnley

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

[Lord Khan of Burnley (Lab)]

My Lords, the amendments in this group all relate to the secrecy of the ballot. Amendment 97 from my noble friend Lady Hayman would expand the offence to include attempting to communicate the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election. Amendment 100, meanwhile, expands the offence to include those who obtain or attempt to obtain information or communicate at any time to any other person any information as to whether a person voting by post at a relevant election has spoilt their ballot.

The purpose of these amendments is to draw attention to the various ways that an individual could circumvent the secrecy of the ballot for nefarious purposes. I am sure the Minister would agree that legislation must cover each of the possible intrusions. Given that this is not the only legislation that deals with voting in private, I hope the Minister can assure the House that this amendment is not necessary and that this is already an offence.

Government Amendments 83, 99, 101 and 102, meanwhile, each make minor changes to inserted Section 66(3A) of the Representation of the People Act 1983. These all appear to be technical amendments which I have no intention of opposing, but I look forward to the Minister explaining their purpose in more detail.

Government Amendment 103 ensures that no criminal liability arises where information is sought from, or given by, a postal voter at an election for the purposes of an opinion poll or exit poll. Again, this amendment seems to be a technical clarification which has been rightly introduced.

Finally, Amendment 109 from the noble lord, Lord Hayward, allows for a more general debate on the secrecy of the ballot. It would mean that the Secretary of State could issue guidance on steps that presiding officers or clerks should take to ensure the secrecy of the ballot in polling stations, including debarring anyone accompanying the elector into the polling booth, unless on grounds of infirmity. This raises issues similar to those raised in earlier amendments from my noble friend Lady Hayman regarding how we can ensure that votes remain private. The noble Lord is right to table this amendment and to draw attention to further ways that this principle could be compromised. I hope the Minister can allay the House’s concerns ahead of Report. I beg to move.

[Lord Hayward (Con)]

My Lords, earlier this evening the noble Lord, Lord Adonis, made reference to the original secret ballot of the 19th century. To a large extent, what we have seen over the last 150 years is what should happen: a ballot should be secret, in that one person goes into the polling booth alone, marks their vote and then casts it in the ballot box. Unfortunately, because of a series of interventions, with the Electoral Commission and others denying who is interpreting the legislation in whichever way, this issue has been called into question. I am going to cite Tower Hamlets again, but I know that this problem is broader than that. Too regularly, presiding officers in polling stations are faced with a problem whereby people attempt to accompany somebody else into the polling booth, effectively to influence the casting of that ballot.

I can do no better than to quote research undertaken in 2018 by Democracy Volunteers, an organisation of lawyers who operate a system of reviewing the processes of elections, within Tower Hamlets and other similar locations. I make no apologies for quoting the research in full:

“QUESTION 9. Was there evidence of ‘family voting’ in the polling station? … In 58% of polling stations our observer teams identified so-called ‘family voting’. OSCE … describes ‘family voting’ as an ‘unacceptable practice’. It occurs where, generally, husband and wife vote together. It can be normalised and women, especially, are unable to choose for themselves who they wish to cast their votes for and/or this is actually done by another individual entirely. It is a breach of the secret ballot. We identified this in 58% of polling stations (74 separate occasions). As family voting, by definition, includes more than one person this means that we observed this 74 times in the 764 voters we observed. This means that over 19% of all the voters who we observed were either engaged in, or affected by, this practice.”


This is the key qualification:

“We would, however, like to add that the vast majority of cases of this were prevented, or attempts were made to prevent it. However, we believe that this constitutes an unacceptably high level of family voting in an advanced democracy and further steps should be taken to discourage and prevent it. However, this activity is generally not the fault of polling staff, in fact we commend the staff for being so active in their attempts to prevent it.”


As one of the observer teams said:

“Family voting is a definite concern in Tower Hamlets. At the best-run polling stations, the Presiding Officers kept an active watch for potential cases and took steps to prevent it happening. They took care to issue ballot papers to family members one at a time, and then direct them to polling booths in different parts of the room. With three members of polling staff, this meant that while two clerks checked the register and issued papers, the”


polling officer

“could remain vigilant for possible family voting or other problems. All the observed cases of family voting took place when the”

polling officer

“was absent or distracted, or their attention was elsewhere.”

There is no criticism here of the polling staff; they try to do their best. But I am afraid, as this report from Democracy Volunteers identifies, that this is a far too pervasive problem, and we need clear guidance. Most people believed that we had clear guidance for a century and a half, but because of varying interpretations, my amendment is an attempt to ensure that we move away from this practice and back to what was originally intended.

As the noble Lord, Lord Khan, identified, I have tried to allow for those people who need accompaniment. As we heard from the noble Lord, Lord Holmes, in a previous debate, there may be other people in similar circumstances who need assistance. Generally, the assistance will come from a polling officer, but there may be special reasons why somebody needs accompaniment from a member of the family. However, these should be virtually unique occasions, not—as the report from Democracy Volunteers identified—a pervasive problem. I therefore believe that my amendment is attempting to tackle a problem which is quite widespread and needs clarification, and that it is in the best interests of conducting elections across the country.