Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023
Debate between Lord Shipley and Lord Mott
Lord Mott (Con)
My Lords, I thank noble Lords for their many thoughtful and specific questions. It reminds me a little, going back to a previous career, of when I had rooms full of volunteers asking me very similar questions about guidance that had come out, which we had to then deal with. For the record, I also thank my noble friend Lord Hayward for correcting me earlier; yes, of course it was 2016. Perhaps my dyslexia kicked in and I got ahead of myself, but for the record it was not in fact 2026.
I will address some of those questions head on. Others I may need to consider and come back to noble Lords on, because they were quite detailed. The first thing I want to deal with directly—I did nod quite strongly when this issue came up during consideration of some SIs last week, and that has always been my view—is consolidation of electoral law. I worked in political parties for three decades, and I know others in this room have also been very actively involved over a much longer period.
The Government remain committed to the continued integrity of our electoral law and processes. That is why their immediate priority has been to implement the measures flowing from the Elections Act 2022. Electoral law is complex, as everybody in this room knows, but it is understood by those who administer elections and referendums. It is robust and we can, as we have in the past, rely on it and our electoral administrators to underpin free and fair elections, and have confidence in their results. That is not to say that legislation cannot and should not be revisited, revised and improved from time to time. It should, but that takes significant consideration and policy development and is not something to rush out and potentially get wrong. That is probably as clear as I can be today on consolidation of electoral law. It is certainly on my mind, and I am very happy to continue that discussion, as I offered to do last week.
On the point made by my noble friend Lord Hayward, the meeting will of course be arranged, and we will get back to him on the two points he raised directly in the Chamber last week. I put that on the record for him.
The noble Lord, Lord Khan of Burnley, had very well thought-through questions, as ever; we seem to be having these discussions fairly regularly. We note the concerns raised about the potential challenges of implementing the measures and the impact of new requirements on the administration of polling stations. We will continue to work with the Electoral Commission and electoral administrators on the implementation of these measures in order to ensure that administrators have the necessary support for their delivery, and on raising awareness among the electorate of the changes and the new requirements.
We also expect that political parties will want to bring the new requirements to the attention of their members. We intend that the changes will be communicated to electors directly via forms, including the postal voting statement and poll cards, and through information made available to electors via GOV.UK. Additionally, information will be displayed on the Electoral Commission’s and other agencies’ websites, and in information provided by local authorities. We will continue to work very closely with the Electoral Commission to develop this information and awareness. If noble Lords feel that more needs to be done in that regard, I ask them to please make sure that they raise that with us on an ongoing basis.
In answer to the question from the noble Lord, Lord Shipley, on the friend of a candidate who was an independent, that situation is laid out clearly in the Act, but if they were helping and not acting to get them elected, that is okay. Again, it may be better if I confirm that in writing to the noble Lord, so that he has that laid out clearly.
Lord Shipley (LD)
I would be happy with a written statement from the Minister. The issue is an important one. The friend may be campaigning, as opposed to just handing in, but if the friend is campaigning for an independent candidate they may think of themselves as not being a political campaigner, which would ban them from doing so.
Lord Mott (Con)
Indeed. I would be happy to lay that out clearly in writing.
The noble Lord, Lord Scriven, asked probably the most interesting question of all. Overall, the legislation and changes are there to deter. We are obviously very aware of some of the problems that have occurred around the country in the past. We want to make sure that we strike the right balance between being mindful of security and keeping the electoral process accessible.
On the point the noble Lord highlighted, I suspect, if we are being honest, that we simply do not have the data available to say whether there are groups of people picking up bundles of 20 or 30 postal ballot papers and distributing them across different postboxes in a particular electoral area. The honest answer from me today has to be: let us see how the legislation develops in practice. If we believe there is a significant problem, as the noble Lord described, obviously we will need to look at that.