Historical Child Sex Abuse

Lord Lexden Excerpts

Thursday 30th June 2016 Lords Chamber

Moved by

[Lord Lexden]

That this House takes note of the case for introducing statutory guidelines relating to the investigation of cases of historical child sex abuse.

[Lord Lexden (Con)]

My Lords, I sought this debate because of the deep public disquiet that has arisen over the manner in which a number of allegations of historical child sex abuse have been investigated. Public concern tends to be at its strongest in relation to instances of alleged child sex abuse, to which this Motion refers, but of course it ranges beyond them to other cases as well. It is unlikely that concern will diminish until action is taken to provide reassurance.

The number of historical allegations under investigation rose sharply following the discovery of the foul Savile crimes. Much police time has been and continues to be devoted to them. In September 2014, a quarter of the major incident detective team of Greater Manchester Police was working on cases of alleged historical abuse. There are a large number of suspected offenders to be investigated. Some will be innocent, others will be guilty, but it can often be extremely difficult to determine where the truth lies.

The difficulties and the damage that is done if they are not successfully addressed have been most usefully highlighted in an authoritative recent report produced by three academics and published by the Centre for Criminology at Oxford University. The report is entitled, The Impact of Being Wrongly Accused of Abuse in Occupations of Trust: Victims’ Voice. The victims in this context are of course those who were wrongly accused. The report documents the distress that has been inflicted on many men and women from all walks of life and backgrounds—people whose voices are rarely heard on the national stage. Here they speak of loss of income, unemployment, family break-up and mental breakdown.

The report leads us to the heart of the matter with which this debate is concerned. It notes a cultural shift towards believing allegations of abuse, adding that the presumption now is in favour of believing those who present themselves as victims. It notes, too, that some reports assert that victims’ accounts are being accepted at face value as evidence of the guilt of the person accused, with little attempt to find corroborating evidence. It is but a short step from such practices to the diminution, if not the reversal, of that most basic of our rights: that we are innocent until proved guilty. Is there a danger that that step might be taken in relation to the investigation of historical sex abuse allegations?

Indeed, it seems that it has in fact been taken in some police forces. The Metropolitan Police’s website proclaimed last year that:

“Our starting point with allegations of child sex abuse is to believe the victim until we identify reasonable cause to believe otherwise”.

This month has brought a powerful reminder of some of the principal causes of the disquiet that has arisen. Sir Cliff Richard has been told that he is not to face charges arising from the investigation of allegations relating to purported events going back more than 30 years. The allegations were made two years ago in a blaze of publicity created by the police and the BBC acting in grotesque collusion before he had even been interviewed. Such a media circus should never have occurred. Could it have been the fact that the initial complainant was aged under 16 at the time of the allegation, which created the temptation that led these two public organisations to take action at Sir Cliff’s expense? How can we ensure that nothing of this kind happens again? Sir Cliff has spoken movingly of the harrowing distress that he endured during the two years that he had to wait to hear his fate, which was that “insufficient evidence” existed on which to bring charges against him. His innocence has not been fully and unambiguously restored.

Those of us in political or parliamentary life will never forget other astonishing police behaviour. The manner in which Field Marshal Lord Bramall was treated shocked us all, as did the distress inflicted on Lord Brittan during his final illness and the additional pain suffered by his much-loved wife after his death. The sight of a senior police officer standing outside Sir Edward Heath’s former home in Salisbury and exhorting those who had allegations to make to get in touch will not fade from the memory.

Nor we will forget the ludicrous, large-scale police operation undertaken on the word of a fantasist to track down a murderous ring of paedophile politicians in Dolphin Square, London. Just a little light research would have shown that much the same story, minus murder, had been manufactured 20 years earlier. I myself was given a role in that first fable.

It does not follow from all this that allegations of historical or recent sex abuse should be investigated with a light touch. Stringent and thorough inquiries must be made to punish evil deeds committed in the past, but is the fundamental principle of innocence until proven guilty entirely safe? Dame Lowell Goddard, whose inquiry will be of such importance, referred recently to the balance which must be struck between encouraging the reporting of child sex abuse and protecting the rights of the accused. It is not evident that all our public authorities are striking the balance correctly today.

This point has been borne in upon me forcefully by the case of Bishop George Bell, which suddenly came to public prominence last October. Indeed, I think it deserves even more prominence than it has so far received, in view of the stature of the man accused and the manner in which a single, uncorroborated allegation of child sex abuse against him, stemming from purported events more than 50 years ago, has been dealt with by the Church of England authorities.

Born in 1883, George Bell has been described as,

“the one undeniably great figure”,

in the 20th-century history of the Church of England. He was Bishop of Chichester for nearly 30 years until his death in 1958, bringing fame to that diocese as his reputation grew. But for the public controversies that his monumental work at home and abroad aroused, he would almost certainly have become Archbishop of Canterbury in 1944.

His interests were astonishingly varied. He was a patron and friend of, among other creative figures, John Masefield, TS Eliot and Gustav Holst. He was one of the first and foremost leaders of the ecumenical movement after the First World War. He was, for some 20 years, a Member of this House, where some of his major public pronouncements were made and where he was held in the highest respect. He was continuously involved in combating injustice and suffering in Germany before and during the Second World War.

Before 1939 no one did more to sustain and defend German Christians and Jews of all kinds in the face of Nazi persecution. During the Second World War he led the protests against the bombing of entire German cities which visited punishment on both the just and the unjust. This brought him much criticism, but no one questioned the deep Christian integrity of this saintly man. He said in 1943:

“The Church has still a special duty to be a watchman for humanity, and to plead the cause of the suffering, whether Jew or gentile”.

A great life is the subject of much study after it is over. In this generation it has been closely examined by Dr Andrew Chandler, a leading historian of the Church of England, who recently published an outstanding new life of Bishop Bell, drawing on his vast archive at Lambeth Palace. Everything that Dr Chandler has examined reinforced the view that this was an unblemished life, a model in every respect of what a great Christian leader should be, in private as well as public affairs. How can a bishop retain his greatness if he is found guilty of a cardinal sin? Here, surely, is a man who has a special claim to the most careful treatment if posterity should ever have cause to doubt his virtue.

Reason for doubt did arise, first in 1995 and then again in 2013. Investigations since then, conducted in secret by unnamed experts under processes that are unknown, led the Church to the conclusion that it should settle a civil claim arising from a single allegation of child sexual abuse in the late 1940s and early 1950s. Compensation was paid to the anonymous complainant in the case, whom the Church refers to as “the survivor”. A statement announcing what had happened was issued last October.

I am a member of the George Bell Support Group, composed of distinguished QCs and other lawyers, Members of both Houses, academics and senior Church figures. The group published a report on 20 March, after examining in detail the processes that led to the Church’s statement last October. We called for an inquiry into the allegations against Bishop Bell. The Church authorities have not replied to the report. Two days ago, however, they announced an independent review into the case.

I look forward very much to the information that the right reverend Prelate the Bishop of Chelmsford will no doubt provide about the review in his contribution to this debate. I hope he will be able to answer a number of key questions about how the review will be conducted. First, will the reviewer have legal experience relevant to child abuse cases? Secondly, will the review be willing to receive written evidence and submissions? Thirdly, will the review acknowledge that the burden of proof in civil proceedings rests with the claimant? Fourthly, what provision will be made to prevent the exercise being no more than a review of the processes set out in the Church’s practice guidelines which led to the statement last October? Fifthly, will the concerns raised by the Bell group’s report be addressed?

The occurrence of a series of highly controversial and disquieting investigations in both Church and state in recent years must lead us finally to question the adequacy and effectiveness of the guidelines that the police and the Crown Prosecution Service have produced and use. The College of Policing has devised what is known as authorised professional practice guidance which sets out how the results of an investigation are to be evaluated. The Crown Prosecution Service has produced guidelines under which consultation is advised between the police and the CPS at an early stage in large and complex child sexual abuse cases—something which should surely occur as a matter of course.

Then there is College of Policing guidance on managing such complex cases. It has some significant features. They include,

“media interest and its impact on an investigation”,

and the avoidance of action that would involve trawling for witnesses. As regards the media, where such intense concern has arisen, this official guidance states that,

“save in clearly identified circumstances, or where legal restrictions apply, the names or identifying details of those who are arrested or suspected of a crime should not be released by police forces to the press or the public. Such circumstances include a threat to life, the prevention or detection of crime or a matter of public interest and confidence”.

I am not at all confident that that advice is entirely clear. It certainly seems to provide unduly wide scope for media intrusion on those under investigation. The guidance could usefully be reviewed in the light of what has happened in recent years. Many would feel that an explicit ban is needed on the deplorable media stunts in which the police have been involved and on sustained, irresponsible trawling for evidence. The House of Commons Home Affairs Select Committee has recommended a prohibition on naming a person suspected of a sexual offence until they are charged.

Perhaps what we need most of all is a clearly written and readily comprehensible code of conduct, perhaps with statutory backing, for the police and public authorities investigating allegations of historical abuse: a document wholly free from the impenetrable jargon that so many parts of our public service have come to love, and readily accessible to the public it is designed to serve. At the heart of such a code should be the firm reassertion of that basic and precious principle, the presumption of innocence. I beg to move.

--- Later in debate ---

[Lord Lexden]

I am grateful to the right reverend Prelate. Will he ensure that the Bell group’s report is fully and properly considered in the places where it needs to be considered, and that as full a response as possible is forthcoming? It is a most serious and full document, and for it to be set on one side by those to whom it was directed would be a grave and unfortunate matter. I urge the right reverend Prelate to make sure that that process of setting aside the carefully considered report does not happen.

[The Lord Bishop of Chelmsford]

I thought that I had finished speaking but I am happy to continue if your Lordships wish.

--- Later in debate ---

[Lord Lexden]

My Lords, we have been discussing a range of acute difficulties created by the whirlwind to which the noble and learned Lord, Lord Judge, referred. The Hansard record of this debate will provide a rich source of material for future reflection and consideration. I thank all noble Lords who have made this debate so important and memorable. I hope that idea of a police code of conduct, which was mentioned by a number of speakers, will not be lost to sight. I am most grateful to the Minister for his careful and considered reflections on the position today regarding guidelines and the difficulties that would lie in the way of rapid progress towards a statutory state of affairs.

For me, this debate has highlighted the particular care needed in investigating allegations against the dead. The Church of England authorities must recognise that decisions reached behind closed doors by secret processes simply will not pass muster in this age of much-vaunted transparency. If the review of the Bishop Bell case, which is to be most warmly welcomed, is to make real progress and allay concerns, it will need to take careful account of points made in this debate. I reiterate the suggestion made by my noble friend Lord Cormack that a meeting of those of us who are particularly concerned might very well be a useful means of making some progress. Above all on this great matter, I must finally stress that the Bishop Bell case needs fundamental reconsideration. That is what the group of which I have the honour to be a member has pressed for, and the case for that fundamental reconsideration will continue. I thank the House for making time for this very important debate.

Motion agreed.

Children: Sexual Abuse

Lord Lexden Excerpts

Monday 14th March 2016 Lords Chamber

Asked by

[Lord Lexden]

To ask Her Majesty’s Government what steps they are taking to ensure that the police, social services and other agencies work together effectively to protect vulnerable children from sexual abuse.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, nothing is more important than keeping children safe from harm, including sexual abuse. How different agencies work together is key to improving outcomes for our most vulnerable children. We have commissioned Alan Wood to review the role and function of local safeguarding children boards in order to improve multiagency working. The Government have made a commitment, through the tackling sexual exploitation action plan, to improve multiagency responses to child sexual abuse.

[Lord Lexden (Con)]

My Lords, is it not essential that all agencies involved in protecting children investigate allegations of sexual abuse fully, fairly and openly? Will my noble friend agree that the more stringent procedures now required of bodies such as our school inspectorates and the Church of England authorities represent real progress? However, are we yet in a position to place total confidence in the church authorities? They failed to give an adequate account of the process which led them to accept last October the veracity of a single uncorroborated complaint of child sexual abuse made against one of our greatest, most venerated bishops, George Bell, Bishop of Chichester, who died in 1958. He was a man held in the highest regard in this House during his 20 years of service to it and the nation.

[Lord Bates]

On the first point, we have encouraged—in fact, published and put on a statutory footing—legal requirements to work together to safeguard children in order to restore public confidence in these very serious areas. That is also why Justice Goddard is undertaking her inquiry. The last issue which the noble Lord raised is pertinent in the sense that Justice Goddard identified that claims of abuse within the Anglican Church were a line for her to investigate in her inquiry. The inquiry will cover that topic when it meets this week, on Wednesday, and of course that inquiry will be held in public.

Railways: New Lines

Lord Lexden Excerpts

Monday 29th February 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My noble friend is correct and that is why the Government are ensuring that that provision is part and parcel of all new franchise proposals.

[Lord Lexden (Con)]

Is it the case that Dr Beeching wielded his axe too well and too many lines were closed 50 years ago?

[Lord Ahmad of Wimbledon]

History is history and this Government are looking to the future and that is why we are committed to the investment we are making in the railways.

Refugees: Unaccompanied Children

Lord Lexden Excerpts

Monday 8th February 2016 Lords Chamber

[Lord Bates]

The noble Lord is absolutely right to focus on this. Europol estimates that some 90% of people who arrive at Calais have been trafficked by criminal gangs. That is why the Prime Minister announced that we are setting up the Organised Immigration Crime Task Force, and there have been some early successes, although we need to work much harder on that. That is also why Kevin Hyland—I know the noble Lord knows him and respects his work—is looking at those issues. On the situation in Turkey, that is why we have announced a further £275 million as part of the EU-Turkey agreement, to provide aid to that southern border.

[Lord Lexden (Con)]

My noble friend recently told the House he hoped that more local authorities would extend a warm welcome to refugee children and ensure that they are well cared for, in accordance with the traditions of our country. Has there been progress?

[Lord Bates]

I must admit that I wish there had been more. My noble friend is right to raise this matter. Kent is bearing an unfair share of the burden of caring for unaccompanied asylum-seeking children: more than 1,000 are being cared for there. The Home Secretary, the Secretary of State for Education, and the Secretary of State for Communities and Local Government wrote in November asking local authorities to come forward. So far we have had interest from 24—but that is out of 440. Only eight children out of 1,000 have so far been offered places. I would like to think that all Members of this House who have links to their local authorities would be encouraging them to look again and see what can be done to help Kent in its hour of need.

Asylum Seekers

Lord Lexden Excerpts

Thursday 28th January 2016 Lords Chamber

[Lord Bates]

The system of inspections means that a third of all accommodation is inspected by the Home Office each year. It is inspected every 28 days by the contractor and, because we are working in partnership with local authorities, they are also required to inspect. In this case, there had not been complaints to trigger action until the point when it became an issue, and then of course action was taken swiftly, and rightly so.

[Lord Lexden (Con)]

My Lords, will my noble friend tell the House about the Government’s plans to ensure that the children are well cared for once they arrive in this country?

[Lord Bates]

We have an obligation to children under the Children Act, which means that they are cared for. One of the issues I find of concern as regards unaccompanied asylum-seeking children is that currently only some six of our 440 local authorities are part of the voluntary scheme. It would be very good if more local authorities came forward to ensure that the burden is spread beyond places such as Middlesbrough and Kent more widely across the UK, which would be to the benefit of asylum seekers and would help social cohesion.

Asylum: Sexual Orientation

Lord Lexden Excerpts

Monday 20th July 2015 Lords Chamber

[Lord Bates]

I am aware of the action plan; it has been drawn up in consultation with the national asylum stakeholders group, which includes groups that work specifically with lesbian, gay and bisexual organisations. He will be aware of the report of the Independent Chief Inspector of Borders and Immigration: we have accepted all its recommendations and they are in the process of being implemented. I do not have a final date for when that will be concluded, but I shall certainly speak with officials about that and write to him.

[Lord Lexden (Con)]

What action is being taken to combat the harassment and bullying of LGBT people in certain immigration centres, as documented by the All-Party Parliamentary Group on Refugees and other bodies?

Passports

Lord Lexden Excerpts

Thursday 11th December 2014 Lords Chamber

[Lord Bates]

Documentation is, of course, a critical element of this. The British passport is arguably the most prestigious travel and residence document in the world because of the security and steps we take to maintain its integrity. We cannot do that without having documents verified in-country to ensure that we award passports to people who are entitled to receive them. That is a key part of what we are trying to do.

[Lord Lexden (Con)]

My Lords, will the passport service remain for ever in the Home Office or will it be re-established as an arm’s-length body under new and perfect conditions?

[Lord Bates]

The most important thing we have to do is to get a grip on the situation to ensure that the problems that led to delays last year—an increase of some 1 million applicants over what was normally forecast and expected—are dealt with, that people get the service that they expect and that we keep the security of our borders as our highest priority.

Wanless Review

Lord Lexden Excerpts

Tuesday 11th November 2014 Lords Chamber

[Lord Bates]

I am grateful to my noble friend, and I shall respond to her with three brief points. The first is on record-keeping. Very specific recommendations were made by Richard Whittam and Peter Wanless, all of which have been accepted. We are looking to improve the system. The second refers to mandatory reporting. We were discussing this with officials just yesterday and we are looking to work with my noble friend on the terms of the inquiry and will seek her expertise on how to set it up. On budgets, the Home Secretary has said that she recognises that, as we lift this stone, additional burdens will be placed on many agencies, chiefly the police in the first instance. She is discussing that with the national policing lead, and by inference she remains open to the statement that the police may need more resources.

[Lord Lexden (Con)]

Does my noble friend have any information about the criteria that were used in the past to determine which files should be destroyed and which preserved?

[Lord Bates]

I do not have the information to hand, but it is a good question and I shall make sure that we write to my noble friend on that point.

Electoral Registration and Administration Bill

Lord Lexden Excerpts

Monday 14th January 2013 Lords Chamber

[Lord Norton of Louth]

My Lords, it is rather encouraging at this time of night if two Peers rise at the same time. I was on the Constitution Committee when this matter was discussed and I rise to support the amendment as well. I think the case for it is compelling. If an elector has made the effort to be there by 10 o’clock at night they should have the right to vote. Following on from what I was saying earlier, I think the last thing we should be doing is discouraging voters who want to vote from actually voting. I think that it is imperative that we facilitate the opportunity to do so.

Given what has been said I do not want to speak at length. I just want to pick up on one point that has already been referred to, and that is not so much defining a queue as determining who is in it at 10 o’clock. We have had reference to experience elsewhere. We do not actually need to go as far as Scotland or the United States. We can do it in terms of our own House—because of course if there is a queue outside after eight minutes, as I understand it, one of the doorkeepers just stands behind the queue and stops anybody else coming in. It is fairly straightforward. All that needs to be done is straightforward guidance to returning officers as to how to deal with that in a practical way. I do not see any fantastic difficulty involved, but a fundamental principle is engaged by the amendment, and we should facilitate those voters who have made the effort to get to the polling station to vote if they are there by 10 o’clock.

[Lord Lexden]

My Lords, I shall make a few comments on the amendment, to which I added my name. As the noble Lord, Lord Pannick, the noble Baroness, Lady Jay, and other noble Lords have made clear, the need for the change has been questioned on the grounds that at the previous election, problems arose in only a small number of polling stations. As they have said, that surely cannot be a strong argument against the amendment. Everyone who wishes to vote and arrives at a polling station before 10 pm must be accommodated. That is the principle from which we must not deviate. The comparatively few cases of difficulty that occurred in the 2010 election were widely publicised and aroused considerable concern, as they were broadcast on television throughout the country. That does no good for the image and reputation of our electoral system. A repetition simply must be avoided.

It has also been said that all voters should be able to make their way to the polling station well before 10 pm. Who can tell what personal difficulty or domestic problem might arise in the case of particular voters, causing them to arrive at a polling station at the last minute? The country needs the assurance that the official in charge of each polling station will devise clear, practical and sensible arrangements well understood by his or her colleagues running the station to enable all those who arrive before 10 pm to cast their votes. That is why the amendment is to be commended.

[Baroness Hayter of Kentish Town]

My Lords, it is very hard to imagine that the Government will say anything but yes to the amendment—no, I do not think that I am quite getting that message back.

I am sorry about that. I hope that between now and Report, the Government will think about the amendment seriously. The numbers here may not be as full as they were earlier, but it is clear that it is pretty widely supported. We on all these Benches fully support it. As we have heard, so does the Electoral Commission. The noble Lord, Lord Tyler, suggested that it has been left up to individual assistant returning officers. It is not fair to put it on to their shoulders, particularly if there is a TV camera looking over them at that point, whether they decide to be sensible or not; whether the queue is inside or outside; or whether, if there is more than one ballot paper because we have a multiple election, as we often do, and people have one in their hand but not the other, they are to deny them that vote. It is not fair for the decision to be on the person in charge of that polling station.

I also do not think that it is fair that if you turn up at 10 o’clock in a nice, quiet area you can wander in—as sometimes one does in the Lobby here when there are not many on our side—but if you as an elector happen to turn up in a busy area, you will be discriminated against because other people will also have turned up late.

I had not heard of the government advice to turn up early. That is the reverse of what we had when I was young: it was called drinking-up time. We used to be allowed 10 minutes that way. That suggests that the Government want us all to be there at 10 minutes to the hour. We do risk assessments elsewhere, where we look at likelihood and impact. I think that the Government are right that the likelihood of this is low. Returning officers have realised that there are cameras and that they should not do that again. The likelihood may be low, but the impact will be high both on those going to the polling station—it is serious that they cannot vote—and on those watching on television people who have turned out to vote but who are not allowed to. We do not want that. I hope that the Government will think again about this.

Electoral Registration and Administration Bill

Lord Lexden Excerpts

Monday 14th January 2013 Lords Chamber

Moved by

[Lord Lexden]

25: After Clause 5, insert the following new Clause—
“Representation of the People Act 1985 (Amendment)
(1) The Representation of the People Act 1985 is amended as follows.
(2) In section 1 (extension of parliamentary franchise) omit subsections (3)(c) and (4)(a).
(3) In section 3 (extension of franchise for European Parliamentary elections) omit subsections (3)(c) and (4)(a).”

[Lord Lexden]

My Lords, in moving Amendment 25, I shall speak also to the other amendments in the group, which are all in my name. My principal purpose is to draw attention to a grave injustice that afflicts large numbers of our fellow countrymen and women living overseas and is keenly felt by many of them. Amendment 25 would sweep away entirely the existing severe restriction on their right to vote in our elections—a right that so many of them wish to exercise freely and without interruption while they reside in other countries—no matter how long their residence abroad may last. Surely Parliament should regard it as a duty to make full, principled provision to enable all our fellow countrymen and women living in other countries to take part in our elections if they wish, rather than just some of them, as is the case under the current, arbitrarily devised rules for British subjects overseas.

According to the Institute for Public Policy Research, some 5.6 million British citizens are now living in other countries, of whom around 4.4 million are of voting age. During their first 15 years after leaving Britain, they are eligible to register for, and vote in, our elections. Thereafter, these rights are confined to members of the Armed Forces, civil servants, employees of the British Council and employees of charities registered in the United Kingdom. For everyone else, the shutters come down firmly after 15 years. Those who have been registered under the 15-year rule can expect to receive a cold, terse letter from their registration officer in Britain, informing them that their rights to register and vote are at an end. Some of these letters may be better than others; perhaps I am a little prejudiced, having recently seen a scrappy communication from the electoral registration officer of the Royal Borough of Kensington and Chelsea, which contained a number of mistakes and addressed the recipient by her first name, getting that wrong too.

The loss of the right to vote can cause not inconsiderable distress. I have a great deal of correspondence on the matter. One lady in her late 70s wrote that, “Even though I expected it, when I received a letter from Corby Borough Council in November 2010 telling me I was no longer eligible to register as an overseas voter, I was devastated and still am. Since reaching voting age way back in the 1950s, I have never, ever not exercised my democratic right to vote. But now I have been disenfranchised”. However, at the same time, the right to vote under the present restricted arrangements has not been widely claimed. The most recent figures, produced by the Office for National Statistics at the end of 2011, show that only 23,388 British citizens living overseas were registered to vote here. That extraordinarily low number should be prominently in our minds as we debate this important legislation, whose object is to produce a better, more accurate system of registration which gathers in those who are eligible to vote as fully as possible. It is undoubtedly true that the number of overseas voters under the current 15-year rule would be considerably higher if the process of registration and voting were simplified and streamlined. That is what the last three amendments in this group are designed to achieve.

The fundamental issue at stake here is the complete exclusion of so many British citizens living abroad for more than 15 years from the right to vote here. According to the Institute for Public Policy Research, 55% of those who moved abroad in 2008 did so for work-related reasons, 25% for study and 20% for life in retirement. With an ageing population, and increased opportunities for work and study abroad, people are likely to continue to leave the United Kingdom in substantial numbers. Many of them will reside abroad for more than 15 years. In the countries to which they move, voting rights rest overwhelmingly on nationality, not residence. Apart from some nine Commonwealth countries—mainly islands in the West Indies—I understand that no state permits British citizens to vote in its principal national elections. They therefore exist in an electoral limbo.

Our existing law, restricting to 15 years the right of British subjects abroad to vote in our elections, is open to serious objection on the grounds that it does not conform with the requirements of international law on human rights. A much publicised case is winding its way through the European Court of Human Rights, brought by the redoubtable 91 year-old Second World War veteran and, in his younger days, Labour Party activist, Harry Shindler. As a non-lawyer, I cannot help but feel that he deserves to succeed, simply for showing such guts and determination. It is Harry Shindler’s contention that Britain’s restriction on overseas voting violates his right to choose his place of residence without being disenfranchised. He is invoking Article 3 of the first protocol and Article 14 of the convention itself. In a debate in this House on 2 March 2011, my noble friend Lord Lester of Herne Hill described the various periods of time that have been used since 1985 to restrict overseas voting—first to five years’ absence, then 20 and now 15—as,

“entirely arbitrary and, I dare say, discriminatory in a way that violates Article 14 of the European convention read with Article 3 of the first protocol”.—[Official Report, 2/3/11; col. 1124.]

The judgment of the European Court is eagerly awaited.

I come to the nub of the matter. It is this: where voting rights are concerned, our country today serves its citizens abroad less well than many others. Great democracies, such as the United States, Australia and France, confer on their citizens living in other countries a lifetime’s right to vote, and take considerable pains to ensure that the processes of registration and voting are simple and straightforward.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, I thank all noble Lords for this wide-ranging debate. The amendments in this group seek to remove the 15-year qualifying period for overseas electors and enable the Secretary of State to remove or extend the qualifying period via secondary legislation. Amendments in this group also seek to extend the 12-month registration period for overseas electors and to enable overseas electors to register and vote online.

I know that my noble friend Lord Lexden feels strongly about these matters, and I am well aware of the continuing loyalty to the United Kingdom of so many who have lived and worked overseas for many years. Indeed, this was echoed by my noble friend Lord Norton.

The current 15-year time limit on overseas voting rights, which Amendment 25 seeks to remove, was approved by an earlier Parliament. Whether the time limit remains appropriate is a wider question, which remains under consideration within government. I refer to what the noble Lord, Lord Wills, said about overseas employees. British Council employees, for instance, already have that continuing right, as well as other sectors. Therefore, his point will be part of that continuing consideration. There are valid arguments on both sides which need to be carefully considered alongside any practical issues before any informed decisions can be taken.

In the mean time, we have already taken steps in this Bill to improve the overseas voting process. The proposals we are introducing to extend the electoral timetable for UK parliamentary elections will facilitate greater voter participation. As part of the move to individual electoral registration, I am happy to announce that we also plan to remove the requirement for a person’s initial application as an overseas elector to be attested by another British citizen who is resident abroad. This change will simplify the registration process for electors living overseas.

Moving to Amendment 26, we believe that the franchise for UK elections should remain set out in primary legislation. It would be very unusual to provide for a change to the franchise in secondary legislation. Proposals regarding the franchise are important matters which should always be considered by Parliament before they become law.

Regarding Amendment 27, it is important that overseas electors update their registration and verify their details each year along the same lines as UK electors. This helps to ensure that postal ballots are despatched to the correct address whenever an election is held and enables the electoral registration officer to verify that an overseas elector’s 15-year qualifying period has not elapsed. Allowing overseas electors to remain registered until after the next general election would lead to inaccuracies in the register and open up avenues for others potentially to use fraudulently another person’s registration or to vote despite being ineligible.

Amendment 28 would compel local authorities to provide an online facility for overseas electors to make the declarations necessary to register to vote. Providing a full online facility for applications to be made that is similar to the domestic system that we are creating could prove to be very expensive relative to the number of people who are registered overseas, largely due to the necessary security against fraud that would need to be built in. We have, however, not ruled this out in the medium term and intend to see how much uptake there is of the domestic online system before making a decision.

While I support the sentiment behind Amendment 54 —that steps should be taken to enable those based overseas to participate effectively in elections—I do not think a provision to vote online is the best way to facilitate participation for this group. As noble Lords are aware, electronic voting is not in use at any statutory elections or referendums in the UK. It was piloted and considered by the previous Government and in some other countries but it has not been pursued in the absence of evidence of improved turnout and because of concerns about security.

The Government are assisting overseas voters to receive and return postal ballot packs. The extension to the electoral timetable from 17 to 25 working days will benefit overseas voters. Given the measures already undertaken to assist postal voting, the proposals to simplify registration and the ongoing consideration of the 15-year limit on overseas registration, I ask my noble friend to withdraw his amendment.

[Lord Lexden]

My Lords, we have had a useful and productive debate on an issue of international as well as national importance. I am grateful to all those who have taken part and illuminated various aspects of the issue. At the centre stands the principle, so clearly stated by my noble friend Lord Norton of Louth, that British overseas citizens who want to take part in our elections, reflecting their enduring commitment to our country, should be entitled to do so, particularly since they are disenfranchised in the countries where they live. Voting should rest on nationality not on residence or anything else.

I listened with particular care to the Minister’s speech and noted one or two encouraging points. Overall, however, I listened with some disappointment. I shall read his comments in full and reflect on them further. For now, my Lords, I beg leave to withdraw the amendment.

Amendment 25 withdrawn.