Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024

Debate between Lord Rennard and Baroness Scott of Bybrook

Monday 13th May 2024 Grand Committee

[Lord Khan of Burnley (Lab)]

My Lords, the fact that we are here yet again emphasises the enormity and complexity of the Elections Act and electoral statute. I echo the comments by the noble Lord, Lord Hayward, supported by my noble friend Lord Stansgate, about consolidation of all electoral legislation. As the noble Lord, Lord Wallace, indicated in a meeting with the chief executive of the Electoral Commission, there are 1,100 pages of SIs as a result of the Elections Act. We should never have to come to that situation again.

It is critical that our electoral law is as legible and transparent as possible, not only for the health of democracy but, as I have repeated to the Minister previously, for the workload of our understaffed electoral teams, which are tasked with keeping the integrity of our elections intact. Mistakes in legislation in this area make that challenge even harder. They could create confusion and concern among dual nationals who are entitled to vote, by not only collecting unnecessary information from those looking to register but increasing the workload of electoral officers, who already have to tidy up databases and deal with queries from so many different members of the public who are confused as to why this question is being asked in the first instance. Unfortunately, rather than helping our electoral administrators, the Government have introduced an Elections Act that significantly increases the load on them.

This is the second correction the department has had to make following the Elections Act. Given that the consequences of these mistakes could potentially change the franchise, what steps is the department taking to proactively review that the legislation is working as intended so that no other potential consequences are being missed? I would be grateful if the Minister could outline what support is being provided to electoral officers to carry out the amendment to the franchise for EU nationals. What steps are the Government taking to ensure that there are no mistakes in the system? What is the Minister’s response to the report on voter registration from the Levelling Up, Housing and Communities Committee, which highlighted a creaking system without any efficiency and with the huge challenges presented by the Elections Act? I would welcome her thoughts on that.

I recognise the point made by the noble Baroness, Lady Bennett of Manor Castle, that this is a complicated area of law; we appreciate that. In summary, we support this draft statutory instrument, but I would welcome reassurance from the Minister on the points I raised and those eloquently raised by noble Lords across the Committee. I look forward to her response.

[Baroness Scott of Bybrook (Con)]

I thank noble Lords for their contributions today. I will go through a few of the issues that were brought up.

First, the noble Lord, Lord Hayward, is absolutely right: the instruments in this amending SI had no effect on the elections held on 2 May. The changes to the franchise for EU citizens came into force on 7 May; that date was chosen specifically so that there would be no impact on the May local elections.

We have heard quite a lot about consolidation, as we did when the Elections Bill, which is now an Act, was going through. I think that will be for subsequent Governments to look at. This is complex; there are huge numbers of pieces of legislation impacting on top of each other within the elections arena. As the noble Viscount, Lord Stansgate, and the noble Lords, Lord Rennard and Lord Khan of Burnley, brought up, that is something which will have to be done by subsequent Governments.

The noble Baroness, Lady Bennett, brought up the numbers affected. I do not know those numbers, but I will have a look and write to her. On the oversight occurring in the first place, as I said, I apologise—but it is recognised that, even with stringent checks in quite complex pieces of legislation such as this, there is always a chance of unintentional errors. Regrettably, sometimes they are overlooked and, unfortunately, this is one such case, but the main thing is that we are dealing with it now.

On the issues around differences in voting rights for residency, this instrument is focused on amending a definition in existing regulations. Those regulations have already been passed in Parliament—as I say, they came into force on 7 May—and there are no further plans to revise any of them. I remember well the debates held on the changes being introduced by those regulations, and this is not the time to go over them again. It is certainly not the time at this early stage, when the regulations have only just gone into law, to put forward further revisions.

The Electoral Commission will keep an eye on all these issues as they are put into place, as will the department. Of course, if there are any issues or problems, we will keep an eye on that. That was a point raised by the noble Lord, Lord Khan of Burnley. It is important that we keep a close eye on any changes, particularly to electoral legislation, as it is complex. If anybody who wants to register to vote goes on to the Electoral Commission’s website, all the details are on there—and people do that. Also, our wonderful election officers in our local authorities are usually the first contact that people have. Even if they are complex voters, all the information will be given to them by our local authorities as well, which is important.

I think that is everything I had to answer. I know that the House believes that ensuring the smooth running of our democratic processes is of paramount importance. This amendment is therefore important, and I thank noble Lords for supporting the instrument to get this right. I commend it the Committee.

[Lord Rennard (LD)]

My Lords, the Minister has referred to the Electoral Commission’s website and to the excellent work done by local authorities in registering people to vote. How does she explain the fact that, according to the Electoral Commission, we have 8 million people who are either not registered, but should be, or are incorrectly registered?

[Baroness Scott of Bybrook (Con)]

I do not know about “incorrectly registered”. I will take that back and look at the numbers but we have to accept that, in any democracy, some people just do not want to vote. I do not know whether noble Lords have been knocking on doors but I have; there are certainly people in this country who do not want to vote, for whatever reason. That impacts on us all as politicians and party members. We should encourage people to want to vote but, unfortunately, some people do not want to do so. We are not a country that forces people to vote.

Councillors: Publication of Addresses

Debate between Lord Rennard and Baroness Scott of Bybrook

Wednesday 8th May 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My noble friend is right that the safety of our elective representatives is essential to the security of this country. Protecting our democratic values and our processes for democracy is one of the most important duties that government has. Any councillors with concerns about the publication of their home addresses on published versions of the register of interests can and should use the “sensitive interests” provision at Section 32 of the Localism Act 2011. Minister Hoare has recently reiterated this to those responsible in local authorities in his recent letter.

[Lord Rennard (LD)]

My Lords, according to the Local Government Association’s recent survey, 70% of local councillors reported experiencing abuse or intimidation. Aggressive behaviour which goes well beyond courteous debate deters people from public service, weakens democracy and is damaging to the families of those who seek to serve others. Will the Minister write to all local authorities urging them to take up the Local Government Association’s Debate Not Hate campaign? Will she seek to widen the scope of the defending democracy programme run by the National Protective Security Authority explicitly to include the safety, security and well-being of locally elected politicians, rather than focusing solely on national politicians and foreign interference?

[Baroness Scott of Bybrook (Con)]

I will certainly take that back to the department. Anything more that we can do to protect democracy, particularly in local elections, we will do—I will make sure that I do that myself. On 28 February, the Prime Minister announced that he was putting an additional £31 million over the next year into strengthening security not just for MPs but for all locally elected representatives. He has been working with the police on this issue as well. It is important to know that we are doing something to protect all our elected representatives, but we can always do more.

Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024

Debate between Lord Rennard and Baroness Scott of Bybrook

Tuesday 19th March 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

At different times, different parties have raised large sums of money from different places over many years. I look at the party opposite, which has been funded by the unions over the years; I believe that I have seen quite large donations given to the Liberal Democrats too. On party donors, I think it was the noble Baroness, Lady Bennett of Manor Castle, who asked why anybody would want to give money. Some people feel very strongly and passionately about the policies of some parties—I am not talking about just ours—and that is how politics works. The level playing field is the fact that no party can spend more on one candidate in any election than the other party.

Asking why we have waited so long, as the noble Lord, Lord Rennard, did, is a reasonable question. As intended by Parliament, it is for the Government of the day to review the limits and update them when they consider that to be necessary. The fact that we had low inflation for so many years probably meant that there was no real necessity to change them as quickly as perhaps we should have done. But, as we have heard, inflation has increased in recent years and the Government decided that uprating these sums was now necessary to ensure that we get that communication out to our electorate.

I think that I have answered everything, unless anybody has something that they want to repeat. I will look at Hansard to make sure, but I think the only thing that I need to respond on is the disabled allowance question.

These regulations are essential to ensure that campaigners can continue to communicate their views to voters and, importantly, that candidates and other campaigners can feel confident in procuring the security they need at any UK elections. I hope noble Lords will join me in supporting this instrument.

[Lord Rennard (LD)]

My Lords, I thank the Minister for bringing this statutory instrument before us. We have shown in this short debate that it was worthy of greater consideration than the 16 minutes which it attracted in a committee in the House of Commons. There are many important issues here and I congratulate her on single-handedly defending the Government’s position in the face of all the opposition parties this evening, which suggests that the arguments are not quite so straightforward as she might suggest.

The principal argument which the Minister made, that this instrument had to be brought forward now with such huge increases in election expenses, was not about election expenses at all. The argument here and in the other place was on the urgency of clarifying election law about security arrangements for candidates and their teams. As an experienced election agent, I would never have allowed security considerations to be part of the election expense return which I was making.

If this was necessary, it could of course be done simply on its own and with all-party agreement, but there is not all-party agreement on such huge increases and on them being made at the last minute. No satisfactory explanation is given as to why they are so large or have been made so suddenly before polling day. On all these issues where the Government are clearly changing the rules in their favour, they are abandoning the principles of the level playing field. A level playing field requires not just the same maximum limit for everyone but equal resources on each side. An army with 100 tanks against an army with one tank is not an even competition, so we do not have a level playing field of the kind which the law provided for in the 1880s and the Political Parties, Elections and Referendums Act tried to provide for in 2000.

I do not feel the need to test the opinion of the House again, when I feel that its opinion on all these issues was well tested when the noble Lord, Lord Khan, did so a few weeks ago. I note that 90% of the Cross- Bench Peers voted in support of his Motion and against the Government, so as we know the opinion of the House on this issue, I will not test it further. I beg leave to withdraw my amendment.

Voter ID

Debate between Lord Rennard and Baroness Scott of Bybrook

Wednesday 3rd May 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

Just to let my noble friend know, the Government have no intention of looking again at identity cards, as I said to him yesterday.

[Lord Rennard (LD)]

My Lords, allowing for postal votes, there will be more than 1 million people legally entitled to vote tomorrow who will not be able to do so because of the new requirements. The number of people who do not go to the polling station because of them will never be known; nor will the number of people turned away at the entrance to polling stations ever be known. If the Electoral Commission’s review suggests that wider forms of ID could be accepted, such as the items on the Post Office list for collecting a parcel, will such a change be made before elections in 2024? The cost saving would be substantial. Will the Minister undertake to tell us what that saving would be? She said yesterday that the government scheme would cost £2.42 per elector. There are about 48 million electors, so that would be a cost of £116 million. Which party is this expenditure most likely to benefit?

[Baroness Scott of Bybrook (Con)]

As I have said before, we will look at whether there need to be any changes after the Electoral Commission and the Government have collected the data they require from returning officers. We said that we would do that; there will be a review by both Houses of Parliament at the end of this year, and the Electoral Commission will review it as well. We expect its interim report in early summer. That is when we will need to look at whether any changes need to be made.

Voter Authority Certificates

Debate between Lord Rennard and Baroness Scott of Bybrook

Tuesday 2nd May 2023 Lords Chamber

[Lord Rennard]

To ask His Majesty’s Government what assessment they have made of (1) the number of registered electors who have acquired Voter Authority Certificates, and (2) the effectiveness of the scheme in practice.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, over 89,500 applications have been received for voter authority certificates. The Government have never had a target for applications and are pleased with the initial rollout. A three-stage evaluation will begin after May’s elections, seeking to understand how the policy measures are implemented and their impact on electors and election staff. Publication of the first review is expected in November 2023, with further reviews after each of the next UK general elections.

[Lord Rennard (LD)]

My Lords, the Government estimated that around 2 million people who are on the electoral register do not have one of the forms of photo ID required this year. Around 1.6 million of those people have elections on Thursday—but the figures show that more than 1.5 million do not have the local authority certificate and will be unable to vote on Thursday, unless by any chance they have acquired another form of photo ID in the meantime. So perhaps 1.5 million people could be denied their vote. Is the spending of £180 million of taxpayers’ money over 10 years a successful investment for the Conservatives if it blocks this many people from voting?

[Baroness Scott of Bybrook (Con)]

My Lords, there are multiple reasons why voters have chosen not to apply for a voter authority certificate at this time. Not everyone will have elections in their area, for a start, and not everyone will choose to vote in a polling station. Those who vote by post or by proxy will not need voter identification and therefore have no need to apply for a VAC. While we would not seek to predict turnout on 4 May, in previous local elections over the past decade a significant proportion of votes have been cast by post. For example, in the May 2022 local elections, postal votes comprised 38% of overall turnout and proxy votes a further 1%. We also have to accept that, while we hope that every elector takes part in the democratic process, this is simply never going to be the case and many will choose not to vote. The cost of this is £2.42 per elector over a 10-year period.

UK Citizens Resident Overseas: Verification

Debate between Lord Rennard and Baroness Scott of Bybrook

Wednesday 29th March 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I cannot give the noble Baroness an answer on how many have joined in that time or who has been declined, but we are looking at about 1.1 million people. That is what we think, but it is difficult to tell how many people could register overseas; how many will register is a different matter.

[Lord Rennard (LD)]

My Lords, political parties and organisations monitoring the situation, such as the Electoral Commission, can find it hard to check the original source of donations made, as we saw from those made in the EU referendum campaign donated via the Isle of Man. But some checks can be made, through credit reference agencies et cetera. How will the parties and the Electoral Commission be able to make such checks on residents overseas who are now registering to vote?

[Baroness Scott of Bybrook (Con)]

The rules are the same for all electors making donations, whether they live in the UK or overseas. Political parties and other regulated campaigners will continue to have to take all reasonable steps to verify that individuals making donations are registered electors. Parties can use the electoral register to do this and the removal of the 15-year limit, which is one of the things we did in the Bill, will make no change whatever to this requirement.

Voter Identification Regulations 2022

Debate between Lord Rennard and Baroness Scott of Bybrook

Tuesday 13th December 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I thank noble Lords for their thoughtful contributions and say that I do not intend to rerun the arguments for voter identification. That argument has been won and it is now in legislation. But I will take a little time to further detail some of the points raised by noble Lords on the actual implementation, which is the important thing this evening.

I thank the noble Lords, Lord Browne of Belmont and Lord Weir of Ballyholme, for saying what it is like on the ground. These two noble Lords have lived with this over the last 20 years. They have seen it introduced. They have seen how it works for local authority and general elections and I thank them for that. I think the rest of us who are not living in Northern Ireland can never have that knowledge of how it works and how we can make it work in this country.

There was quite a lot of talk from the noble Baroness, Lady Pinnock, and others on support for local authorities to deliver this. Of course, we are aware of the pressures faced by local authorities—and the concerns that the Local Government Association brought up, I think, only yesterday—and their ability to deliver these changes. But we have been working very closely with them and, as I think my noble friend Lord Hayward said, this is not the beginning of it; this has been going on for a good seven months with the legislation there and they knew that this was coming along the line. We have been working with the sector. We have been planning the implementation of this policy and not only that we have been giving additional funds to local authorities so that they can carry out the new duties. The Government remain confident in their ability to successfully deliver these changes.

The noble Baronesses, Lady Pinnock and Lady Fox, and many others, said that the Electoral Commission’s budget would be inadequate for communications. The Electoral Commission’s budget for the January communications campaign is over £5 million, which will be supplemented by £4.75 million in funding for local communications—for local authorities to communicate in their own areas.

If this legislation goes through, the Electoral Commission will start its campaign in the middle of January. It will be national and across all types of national media, but local authorities will also have the money to do local campaigns. Along with national government, they do local campaigns very well to get voters to register for voting. This will be added to those campaigns, and I have every confidence that with the money they have, local government and the Electoral Commission will be able to deliver that.

My noble friend Lord Strathclyde is absolutely right. As I said, these arguments have all been had, but, as it came up again, I will repeat the point about the manifesto commitment. Voter identification was in the manifesto, and photo identification became a government discussion because it was found in our pilots to be the only approach that increased voter trust and confidence, which are key aims for this policy. We talked about it a lot during the discussions on the Bill, and I reiterate it now in case noble Lords think that we got it wrong again. We know what we said, and we know why we put in photo ID.

[Lord Rennard (LD)]

If it was clear what was in the Conservative manifesto and that voter identification meant photo identification, why did the noble Lord, Lord Pickles, who conducted a review of election law on behalf of the Conservative Government, conclude that photo ID was unnecessary and that voter ID in different forms, such as council tax bills or utility bills, would be acceptable? He said there was no need for the photo ID.

[Baroness Scott of Bybrook (Con)]

I do not think my noble friend is in his place, but when I next see him, I will ask him.

The noble Baroness, Lady Lister, mentioned people in poverty finding it more difficult. I remember that discussion and I know that my noble friend Lord True wrote to her. I am afraid I do not know what the outcome was so, again, with apologies, I will write to her about that because I know that it was an important issue for her then.

Digital exclusion is a different thing. Noble Lords would be surprised how many people—even those we consider to be in poverty—have phones. You can go to many libraries in this country and get access online. We also know that it can be done over the phone and by going to your local council. Wherever you can get registered to vote, you can also get your identity. If people are managing to get registered to vote, they can get identity as well. However, I will come back to the noble Baroness on who we are consulting as we go forward.

Elections Bill

Debate between Lord Rennard and Baroness Scott of Bybrook

Lords Hansard - Part 2 & Committee stage
Thursday 17th March 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I do not agree with that. I do not think that is necessary. It is in the government manifesto and electoral fraud is not a victimless crime. I know the noble Lord, Lord Woolley, was very clear that there had been only one case of fraud but the impact of electoral fraud on voters can be very significant. It takes away their right to vote as they want to—whether through intimidation, bribery, impersonating somebody or casting their vote for them—

[Lord Rennard (LD)]

I am sorry to interrupt the noble Baroness in her flow but the implication is that a vote is taken away. It is not. There is a process in the polling stations by which if you claim that somebody has already taken your vote—usually because the wrong name has been crossed off by one of the polling clerks—a replacement ballot paper, known as a tendered ballot paper, is given to you. There is no theft and no loss of vote. You get an extra vote. We know from the Electoral Commission’s analysis that there were only 1,300 cases out of the 37 million votes cast in the 2019 general election. Most were simple clerical errors. It virtually never happens and if it does, there is a replacement.

[Baroness Scott of Bybrook (Con)]

My Lords, that is if anybody goes back because they have not been intimidated into not going in the first place, I have to say. I respectfully say that this is something that we simply cannot ignore—

Elections Bill

Debate between Lord Rennard and Baroness Scott of Bybrook

Lords Hansard - Part 1 & Committee stage
Tuesday 15th March 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

No, what I am saying is that it will clarify for candidates and agents what is required and what was not very clear at the time of that case.

We have sought input on these measures from the Parliamentary Parties Panel and we are confident that they will bring important clarity to the rules and support compliance. Indeed, Craig Mackinlay, the Member of Parliament for South Thanet, whom we have talked about a number of times, knows better than anyone the deficient nature of the current rules, and he welcomed and praised the clarity which this Bill brings to notional expenditure.

In this clause, we are also making an equivalent amendment to the notional expenditure rules for other types of campaigners, such as political parties and third-party campaigners, to ensure that all the rules are consistent. Together, these changes will bring much-needed reassurance and clarity to candidates and their agents on the rules that apply to notional expenditure for reserved elections. Alongside guidance from the Electoral Commission, with which we are working closely, this measure will support compliance with the rules and ensure that those wishing to participate in public life can feel safe doing so, clear in their legal obligations. It is for this reason that I urge that this clause should stand part of the Bill.

[Lord Rennard (LD)]

My Lords, I am grateful to the Minister for that reply. She mentioned the PACAC report into some of these issues, but without quoting the crucial recommendation, in paragraph 16, which says that

“reform should only be taken forwards on the basis of clear consensus.”

This debate, at the very least, has shown that there is not that consensus. It seems to me that the debate is not about how to account for notional spending but whether to account for some of it at all. We have not really been satisfied that, if there were busloads of people from one party, the costs of the coaches, their hotels, their meals and the leaflets they deliver—all spent in a constituency with the clear intention of promoting a candidate—will appear in the constituency limit for that candidate, which is their proper place. The Bill does not seem to make that plain.

I am very grateful to the noble Lord, Lord Collins, and the noble Baroness, Lady Bennett, for confirming on behalf of the Labour Party and the Green Party that they do not see this clause as necessary. It seems to add significant confusion, and in my view it is particularly important not to add to confusion about what should be included at the same time as you may increase spending totals nationally. As the noble Baroness said, they may have to rise, but the Government said yesterday, in answer to a Written Question I tabled on 28 February, HL6502, that they may increase in line with inflation. That is inflation since 2000, which is 79% and would take a £19.5 million limit to nearly £36 million. There are more issues to debate on this in the next group of amendments.

Parliamentary Constituencies Bill

Debate between Lord Rennard and Baroness Scott of Bybrook

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 27th July 2020 Lords Chamber

[Lord Rennard (LD) [V]]

My Lords, the Parliamentary Voting System and Constituencies Act 2011 was the subject of the fiercest and longest debates I have witnessed in this House. At the time my party was seeking a route to change to the AV voting system through a referendum, while the Conservative Party was seeking to address what it wrongly considered to be a bias against it in the system. My party failed to persuade people to vote for its preferred option in that referendum, and the Conservative Party failed to persuade either House of Parliament to accept the proposals for new constituency boundaries in 2013 and knew it would fail again with those of 2018—so the 2011 Act must be replaced. But to say that this Bill has been approved by the other place means only that it has been approved by the Conservative Party.

The Bill before us is better than that of 2011 in that it retains 650 constituencies and proposes reviews every eight years, not every five, but the basis of it remains flawed in at least two major respects. First, we still have a hopelessly inadequate system of voter registration, which provides the building blocks for drawing boundaries. Secondly, as we can see from the last two aborted review processes, the tiny variation of just 5% permitted to the quota for electorates in each constituency will prevent the creation of sensible constituencies based on recognised communities and will result in major disruption to many constituency boundaries with every review.

In 2015 the Political and Constitutional Reform Select Committee concluded that a variation of 7.5% or 8% would be consistent with the government aims and with avoiding these problems. We see from the 2013 and 2018 proposals how this inflexible figure of 5% results in great changes to many constituencies even though both sets of proposals were for the same number of seats. It was argued in the other place that splitting local government wards could limit this disruption, but an excellent and detailed note from the Boundary Commission for England explained very carefully and in detail why splitting wards is not practical on a widespread basis. This time we must properly address the problem of being unable to create sensible constituencies all within the 5% quota and which will otherwise often cross county and other local government boundaries and involve major disruption to boundaries, splitting up many constituencies every time a review is conducted.

[Baroness Scott of Bybrook (Con)]

I remind noble Lords of the advisory speaking time of three minutes. We must finish at 8.30 pm tonight and we have a 60-Member list, so we need to get on.