Local Elections (Northern Ireland) (Amendment) Order 2024

Debate between Lord Khan of Burnley and Baroness Suttie

Monday 26th February 2024 Grand Committee

[Baroness Suttie (LD)]

My Lords, I shall be extremely brief because we support these SIs. Trust in elections is absolutely key to our democratic system. The review by the noble Lord, Lord Pickles, identified several areas where measures could be strengthened to reduce the risk of electoral fraud; these SIs stem from that, and are welcome.

The noble Baroness, Lady Ritchie, asked about consultation, but the instruments say that consultation took place with the Northern Ireland electoral bodies and the Chief Electoral Officer for Northern Ireland. This is not always the case but I understand that, in this case, consultation took place. That is very much to be welcomed.

My only substantial question for the Minister regards training on these changes for the electoral officers in Northern Ireland and making sure that the changes are communicated properly. Can he give us an assurance that this will be done in good time ahead of the forthcoming general election? Can he confirm that there will be provision for sufficient resources to be made available in order to implement these changes?

The Minister will know that, when these SIs were debated last week in the House of Commons, some concern was expressed about the definition of “political campaigner”. Can he confirm that these changes will also be communicated to the political parties in good time? Can he say a little about how the definition of “political campaigner” will be monitored in practice?

[Lord Khan of Burnley (Lab)]

My Lords, I thank the Minister for introducing these SIs, which put in place new rules on the handing in of postal votes in local, parliamentary and Assembly elections in Northern Ireland, as provided for by the Elections Act 2022. An equivalent SI for Great Britain has already gone through both Houses, with noble Lords participating in the recent debate here in January.

The Act established that it was an offence for a “political campaigner” to handle postal votes other than in very select circumstances. These instruments set out the new rules for members of the general public, which will sit alongside the other measures that the Act brought in. We on these Benches will not oppose the SIs but we want to probe the Minister on their impact. It is always worth noting that, long before the 2022 Act, the Labour Party had for years been signed up to the Electoral Commission’s code of conduct for campaigners, which bans campaigners from handling completed postal ballots.

We seek clarity on who is covered by which provisions. Colleagues in the Commons, as the noble Baroness, Lady Suttie, said, raised the issue of the need for good understanding and communication on who is covered by the definition of a political campaigner, so people have absolute clarity on which set of rules applies to them. If a person puts a party poster in their window during an election, are they a political campaigner? How will electoral officers be supported to adjudicate on whether someone is a political campaigner or not?

We would like to see more clarity for voters, so that votes are not lost by mistake. Can the Minister give more detail on how the regulations will be made clear to voters, in order to avoid any votes being lost due to people being unaware or unsure of the new requirements?

Finally, I want to pick up on support for electoral officers, which was mentioned by the noble Baroness, Lady Suttie, and other noble Lords. Without a doubt, these changes will place some administrative burdens on our electoral administrators. The pressure on local authorities is significant; electoral administrators up and down the country are stretched and are getting their heads around the changes the Government are making, as we pointed out several times during the passage of the Elections Bill. In the light of the numerous SIs that have come before us, these changes will create an unprecedented level of work for electoral administrators. Will electoral officers be further resourced in Northern Ireland? Will they be strengthened to deal with the impacts and changes outlined? My noble friend Lady Ritchie of Downpatrick spoke about the consultation, which is referred to in the Explanatory Notes, but can the Minister tell us about the nature of the feedback from the Electoral Office for Northern Ireland and the Electoral Commission? I look forward to his response.