Ethiopia, Sudan and Tigray: Humanitarian Situation

Patrick Grady Excerpts

Wednesday 3rd November 2021 Westminster Hall

[Patrick Grady (Glasgow North) (SNP)]

It is a genuine pleasure to serve under your chairmanship, Ms Bardell, albeit on a very sobering topic, as has been outlined by the speakers we have heard so far. I congratulate the right hon. Member for Islington North (Jeremy Corbyn) on securing this opportunity to consider the issue again.

We considered the conflict back in September, and one of the messages of that debate was the risk of deterioration of the situation. In fact, one of the questions I asked was:

“What if the worst has yet to come?”—[Official Report, 8 September 2021; Vol. 700, c. 95WH.]

The speeches we have heard and the evidence that has been presented, particularly the findings today from the UN High Commissioner for Human Rights, show that the situation has got considerably worse, and that must be of real concern to us. Bringing the issue back to the Floor of Westminster Hall keeps it alive and gives a new Minister an opportunity to respond and to think again, as the hon. Member for Tewkesbury (Mr Robertson) has just said, about what opportunities there might be for the UK to exercise some influence.

I spoke in the last debate about the particular challenges in Oromia. They have become more acute as a result of the developments in recent weeks and months. I have a constituent who is from that area and who is passionate about the right of the people there to have democratic self-determination and the kind of political autonomy that regions, countries and nations in our part of the world enjoy. However, we enjoy that peacefully and democratically. We resolve our differences in forums like this, not by taking up arms or through the horrific war crimes being reported. Even people who hold those genuine aspirations ought to live up to the standards that they are seeking.

That also speaks to the deep-seated and historical regional and tribal tensions across the whole of Ethiopia and the wider regional context. As the right hon. Member for Islington North said, Ethiopia was never a colony in the way that many African countries have been, but that does not mean that it has not been affected by the colonisation and map-drawing that went on in the continent all those years ago. That is why the issue of Eritrea keeps raising its head.

Not long ago, I was in the right hon. Member’s constituency for the photo exhibition by Eritrea Focus, commemorating the 40th anniversary of the political imprisonment of journalists and politicians in that country, the deterioration and ending of democracy in any meaningful form, the militarisation of the country, the influence that it still apparently seeks, and the destabilising effect that appears to be having in the conflict in Ethiopia. I should say that my hon. Friend the Member for Argyll and Bute (Brendan O’Hara), who we will hear from, was also at that important event.

I would draw the Minister’s attention—I think I sent it to her predecessor, and I will certainly send it to her—to the report produced by the Oromia Support Group detailing the atrocities and extra-judicial killings of the people of that region, mostly by the national Government, by their assessment. However, it is very clear, from other reports and today’s debate, that all sides must take responsibility for the violence that has been experienced.

The hon. Member for Tewkesbury said that he saw the BBC report; I heard it on Radio 4, because the BBC these days multitasks in that way. It was incredibly sobering, and very worrying to hear of the spiralling effect that now appears to be happening. Violence is begetting violence. There was a woman who had to flee because her son had been brutally murdered.

[Wera Hobhouse]

Is it not the case, time and again, that women are often the worst victims of violence in that form? Sexual violence against women is also something that we should point out when we talk about this terrible conflict.

[Patrick Grady]

The hon. Lady is absolutely right. Hearing any story from mothers, like that one, is heartbreaking. She is right; women are affected—they are victims, if she wants to use that word. Women could also be a big part of the solution. If women’s voices were heard more frequently in these debates, in the peace forums and in the democratic institutions—such as exist—in those countries, perhaps we would not be seeing this level of violence. I think that is an incredibly important point.

As I said, violence is begetting violence; the attempts by the Ethiopian Government to root out the Oromo Liberation Army lead to further resentment of the central Government and less willingness to engage with processes. That leads to displacement across the region and into neighbouring countries, including Sudan, which is also a topic for this debate. It is increasingly clear, as others have said, that there needs to be an external brokering of peace. Whether that is the United Nations, the African Union, the European Union or some other body, the UK is a key player—either directly, as a member of some of those institutions, or through important relationships to them—and it must play its role.

I want to echo some of what the Select Committee Chair said about aid. The Library briefing shows—even before the aid cut from 0.7% to 0.5% of GDP—the decrease in overall bilateral aid since 2015 to Ethiopia, but within that, the increasing amount of money being spent on humanitarian response. That is a very stark lesson in basic development theory: if we stop spending money on long-term development projects—on long-term peacebuilding, infrastructure, education and so on—then all of a sudden we find ourselves spending money on humanitarian relief, on trying to resolve the problems of conflict and war, and at the end of the day, the problem is not being resolved; it is spiralling.

The Government must look again at their budget. It is all good and well for the Chancellor to say in the Budget that we will get back to 0.7% before the end of this Parliament; but that will not undo the damage that is already being done. Every time the Government say that they will increase support to Ethiopia, that is great, welcome and necessary but it means that, by definition, somewhere else is suffering; somewhere else is experiencing a cut because the overall budget has declined. It was going to decline anyway because GDP had gone down as a result of the pandemic—we all understand that—but this is adding to that unnecessarily.

At a time when the Government are supposed to be showing global leadership, which we are all calling for in this debate, the stark facts are there for anyone to see who has picked up the Library report or reports by the International Development Committee. Sadly, I will not be able to make tomorrow’s APPG being organised by the hon. Member for Putney (Fleur Anderson), which the right hon. Member for Islington North mentioned, but I am looking forward to reports from it. I strongly encourage the Minister to pay attention to that. When we had a briefing before the last Westminster Hall debate, some very useful points, with strong and clear recommendations, were made, and I suspect some of those will be heard.

This has been an important opportunity to consider these issues, especially given how rapidly the situation is changing. We appreciate that the opportunity for the UK Government is limited, but that does not mean that it does not exist. I very much hope that the new Minister will be willing to look at this afresh and I look forward to hearing what she has to say in response.

Elections Bill (Twelfth sitting)

Patrick Grady Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

Power to amend references to subordinate legislation etc

[Patrick Grady (Glasgow North) (SNP)]

I beg to move amendment 93, in clause 57, page 60, line 8, at end insert—

“(1A) Before making regulations under subsection (1) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”.

This amendment ensures that the Secretary of State must consult with the Devolved Administrations before making regulations under clause 57.

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

Clauses 58 to 62 stand part.

[Patrick Grady]

This is another technical amendment based on proposals that were submitted by the Law Society of Scotland in its written evidence to the Committee, which I know that Government Members have paid deep attention to.

The clause is relatively technical, providing the Government with powers to make amendments to references to subordinate legislation—it goes right down the rabbit hole of the sweeping powers of secondary legislation that the Government are increasingly taking for themselves. Even though this is a relatively technical part of that process, it speaks to the broader principle, particularly as it includes power to amend certain legislation made by the devolved Assemblies.

As Ministers take those powers, it is not unreasonable for us to ask that they be given a duty to consult the relevant Ministers in the relevant devolved institutions, which is what the amendment seeks to do. We requested consent in a previous amendment, which was rebuffed, but surely, in the spirit of co-operation and consensus, the Minister will agree to a formal consultation process. Everybody recognises there is a certain role for statutory instruments and secondary legislation—they are used by the devolved Governments in Scotland, Wales and Northern Ireland—but we have spoken several times in the Committee of the need to enhance scrutiny procedures and to improve the ability of Members of legislatures of all kinds to interact with them.

I hope the Minister will accept the amendment, but if she rejects it, as I suspect she will, I hope she will at least give some reassurances about the ongoing commitment to non-statutory consultation with Scottish Government Ministers and reflect on what these measures mean overall for the devolution settlement. The Government increasingly, at will, just take powers through this kind of clause—powers that until recently had been a more formal part of the devolution settlement and had been subject to more formal or informal consents.

[Kemi Badenoch]

The clauses in part 7 make general and miscellaneous provisions. Clause 57 provides for a power to allow amendments to the Bill, or any provisions amended by the Bill in other Acts, where references to secondary legislation become out of date in future. This is a necessary power that would allow, for example, a reference to a statutory instrument that is replaced to be updated to refer instead to the new statutory instrument, to ensure the provisions of the Bill remain workable when such changes occur.

The amendment proposed by the hon. Members for Glasgow North, and for Argyll and Bute, would require the Secretary of State to consult with the devolved Administrations before making regulations under clause 57. The hon. Member for Glasgow North asked for reassurance. This Government are committed to working constructively with the devolved Administrations to ensure that elections work well in the best interests of voters. He will have heard the Secretary of State, who is also Minister for intergovernmental relations, speaking at oral questions yesterday. He works very well with his counterparts in the devolved Administrations, and we should not pretend that things are otherwise in the House of Commons. We will of course liaise with the relevant devolved Administrations over any updating needed due to changes in their secondary legislation, which I think will satisfy the hon. Gentleman’s requirements.

The amendment is overly prescriptive. Some of the updating will relate only to reserved legislation, and some might relate to the secondary legislation of only one of the devolved Administrations, yet the amendment would require a statutory consultation with all of the devolved Administrations each time the power is exercised. That would not be proportionate. I invite the hon. Members to withdraw the amendment.

Clause 58 contains standard financial provisions. It explains that Parliament will pay for any costs that a Minister of the Crown incurs as a result of this Bill, and for any increased costs incurred under existing Acts of Parliament if they arise as a result of the Bill. It also provides that where the Bill increases sums already payable out of the Consolidated Fund under existing legislation, the increases will also be paid out of that fund, and then does the same for increases of sums payable into the fund.

Clause 59 defines a small number of terms used throughout the Bill. It also ensures that where the Bill creates or amends functions of the Secretary of State by amending other electoral legislation, those functions of the Secretary of State will be exercisable concurrently with the Minister for the Cabinet Office.

Clause 60 sets out the territorial extent of the Bill, namely the jurisdictions in which each provision of the Bill forms part of the law. Clause 61 sets out, as is common, that the provisions of the Bill will be brought into force using one or more statutory instruments. Those statutory instruments may bring different parts of the Bill into force on different days. Finally, Clause 62 cites the short title of the Bill—the Elections Bill 2021. These are all technical and necessary provisions and therefore I urge the Committee to allow the clauses to stand part of the Bill.

[Patrick Grady]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 57 ordered to stand part of the Bill.

Clauses 58 and 59 ordered to stand part of the Bill.

Clause 60

Extent

Amendment made: 7, in clause 60, page 61, line 36, leave out paragraphs (a) and (b) and insert—

“(a) the amendments made by paragraph 1(1) and (5) extend to England and Wales only;

(b) the amendments made by paragraph 1(2) to (4) and (7) to (12) extend to England and Wales and Northern Ireland only;” —(Kemi Badenoch.)

This amendment is consequential on Amendment 8.

Clause 60, as amended, ordered to stand part of the Bill.

Clauses 61 and 62 ordered to stand part of the Bill.

New Clause 1

Simple majority system to be used in elections for certain offices

‘Elections for Mayor of London

(1) The Greater London Authority Act 1999 is amended in accordance with subsections (2) to (5).

(2) In section 4 (voting at ordinary elections)—

(a) in subsection (1)(a), omit “(referred to in this Part as a mayoral vote)”;

(b) in subsection (2), omit “, unless there are three or more candidates”;

(c) omit subsection (3).

(3) In section 16 (filling a vacancy)—

(a) in subsection (3), for “a mayoral vote” substitute “one vote which may be given for a candidate to be the Mayor”;

(b) for subsection (4) substitute—

“(4) Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election.”

(4) In section 29 (interpretation of Part 1), omit the definition of “mayoral vote”.

(5) In Schedule 2 (voting at elections), omit Part 1.

(6) In section 165 of RPA 1983 (avoidance of election for employing corrupt agent), omit subsection (4).

Elections for elected mayors of local authorities in England

(7) The Local Government Act 2000 is amended as follows.

(8) In section 9HC (voting at elections of elected mayors)—

(a) for subsection (1) substitute—

“(1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have one vote which may be given for a candidate to be the elected mayor.”;

(b) in subsection (2), omit “, unless there are three or more candidates”;

(c) omit subsection (3).

(9) In section 9HD (entitlement to vote), in subsection (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.

(10) In section 9R (interpretation of Part 1A), in subsection (1), omit the definitions of “first preference vote” and “second preference vote”.

(11) In Schedule 2 (election of elected mayor), in paragraph 1, after “authority” insert “in Wales”.

Elections for mayors of combined authority areas

(12) Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) is amended as follows.

(13) In paragraph 4 (voting at elections of mayors)—

(a) for sub-paragraph (1) substitute—

“(1) Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor.”;

(b) in sub-paragraph (2), omit “, unless there are three or more candidates”;

(c) omit sub-paragraph (3).

(14) Omit paragraph 5.

(15) In paragraph 6 (entitlement to vote), in sub-paragraph (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.

Elections for police and crime commissioners

(16) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(17) In section 57 (voting at elections of police and crime commissioners)—

(a) in subsection (2), omit “, unless there are three or more candidates”;

(b) omit subsections (3) to (5).

(18) Omit Schedule 9.’ —(Kemi Badenoch.)

This new clause makes provision for the simple majority system to be used in elections for the Mayor of London, mayors of local authorities in England, mayors of combined authority areas and police and crime commissioners.

Brought up, and read the First time.

[Kemi Badenoch]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[Patrick Grady]

I am unsure why Government Back Benchers are not rising in defence of their Minister on the implementation of this crucial manifesto promise. The Minister could not quite explain why it was not in the Bill when it was presented on Second Reading. Trying to blame a predecessor is an interesting approach, not least because the other Minister who spoke on the Bill in the House when the instruction motion was moved, the right hon. Member for Tamworth (Christopher Pincher), said that the Government “speak with one voice”, so we would expect them all to understand exactly what the lines are.

Some of the earlier clauses related to local elections that are devolved, so it is not necessarily the place of the Scottish National party to get desperately involved in this debate, or to tell Members of Parliament in England what decisions they should or should not make, but it might be useful to offer at least some reflection on the effect of the clause, not least on the devolution settlement across the United Kingdom. The Prime Minister said that he is a champion of the devolution settlement, and when he forced through the United Kingdom Internal Market Act 2020 and other aspects of Brexit legislation without the consent of the devolved legislatures much of that was on the grounds of his experience as Mayor of London, and that being Mayor of London was somehow equivalent to the entire institutional structure of the individual devolved legislatures.

What those institutions have in common is that they are elected on a proportional basis. At the moment, the Mayor of London has to win a supplementary ballot. Every Mayor has had to go into a second round to be chosen. The First Minister of Scotland, Wales or Northern Ireland, has to command a majority across the legislature. That normally adds up to something very close to a majority of the votes that were cast in the election. I think I am right in saying that almost every First Minister in Scotland, except obviously in the majority Government, has required support from another party, or at the very least abstentions, in order to get elected.

In Scotland, our local authorities for several elections have been elected by single transferable vote. The effect of that is that the voices of all voters are heard. There is a ward in my constituency of Glasgow North, Partick East/Kelvindale, which was represented by four different parties—the Scottish National party, a Labour party councillor, a Conservative councillor and a Green party councillor. That meant that voters had a very wide choice of who they wanted to speak to. The distribution of votes was reflected proportionally, and people had someone they could go to whom they could trust—but voters in England, it seems, will not.

[Cat Smith]

How well does the hon. Gentleman feel the Scottish Conservatives might do in, say, first-past-the-post council elections in his Glasgow North constituency?

[Patrick Grady]

We have only to look at the results of the elections to this place—this is perhaps not the clause specifically to debate that—to see how well the Conservatives fare. When we SNP MPs were elected in large numbers in 2015, our parliamentary group leader at the time made the point that it did not reflect the result proportionally, but perhaps we are straying slightly. I want to come back to the election of the Mayor of London, and the results of first-past-the-post elections.

Perhaps Conservative Members—I look forward to hearing from them when they rise to speak in support of the Government—are quite comfortable with the idea that Ken Livingstone was elected on the first ballot with 39% of the vote in 2000, and with 36.8% of the vote in 2004. That is the mandate for someone to be the Mayor of a major European metropolitan city, which the Prime Minister himself has claimed is a kind of equivalent to the entire Scottish Parliament and the devolved Scottish Government. That is the equivalence that he has made between his role as Mayor of London and the entire devolution settlement in Scotland. It seems that Government Members are quite content with the possibility of someone being elected to that position on about 35% of the vote.

[Aaron Bell]

rose—

[Patrick Grady]

I look forward to the hon. Gentleman telling me why that is.

[Aaron Bell]

I was about to say that I was happy to see the hon. Gentleman returned to Parliament for Glasgow North in 2017 on 37.6% of the vote.

[Patrick Grady]

To be fair, I have already made that point. I am very happy to submit myself to the electorate under any proportional system that the Government want to introduce. The hon. Gentleman can be sure of the SNP’s support for a Bill introducing such a system; we have said that many times in this House.

The experience of preferential voting in Scotland is that results can change, and that has not always been to the SNP’s advantage. In fact, owing to the nature of Scottish politics at the moment, there is a clear trend with transfers. Where the SNP is a voter’s first preference, they cast their vote for that party. That is the very clear trend. In fact, in the ward that I mentioned, the SNP won the vote in the recent by-election, under first past the post; we got the most votes. We had an excellent candidate in Abdul Bostani. He got the most first preferences, but because of transfers, he lost out, so that ward is now represented by two Labour councillors, one Green councillor and one SNP councillor. It was a Conservative vacancy, incidentally; I say that for anyone who has not turned up to enough of the Committee sittings. That proves my point on the issue on which the hon. Member for Newcastle-under-Lyme was trying to catch me out. It proves the value of preferential voting systems.

Ultimately, it is for England’s Members to make a determination about what electoral system is used by their local authorities, but Government Members have to think very carefully about the consequences of this.

[Brendan O'Hara]

Does my hon. Friend agree that any lingering doubt that any of us may have had about the Government’s motivation in introducing the Bill is done away with by the parachuting in of this new clause? It is utterly self-serving, completely politically partisan and fundamentally undemocratic. Furthermore, does he agree that we and our colleagues should get out of here as quickly as possible, because Scotland needs to escape this nonsense?

[Patrick Grady]

If by “here”, my hon. Friend means the Union, yes, I entirely agree; if he means this Committee Room, I am afraid I do not agree, because I know how desperate Sir Edward is to chair our final sittings next Wednesday, so it is important that the Committee takes as long as it can to consider every one of these new clauses in great detail. I therefore look forward to all the speeches from the Conservative Back-Bench members of the Committee, who will now rise in defence of this major constitutional change that the Government want to bring forward. When they do, I urge them to reflect on the growing divergence that we have spoken about. This is not a levelling up or a coming together, but a growing apart of the constituent parts of the country, which have pretty fundamentally different perspectives on how democracy is, and should be, done. Although it is not for SNP Members to tell Members from England how their local elections should be determined and run, they ought to think about the issue carefully before they cast their vote.

[Kemi Badenoch]

I want to respond to a few points made by Opposition Members. On engagement, the policy was announced back in March. It is just that it was not a Cabinet Office policy; it was a policy from the Home Office and the Ministry for Housing, Communities and Local Government, as it was known then. I am informed by officials that there was engagement with Mayors, but the hon. Member for Lancaster and Fleetwood may not have been aware of it.

The point about the procedure being disrespectful to the House is nonsense. The House voted for the procedure. It is also wrong to say that people have not had a chance to debate it if they are not on the Committee. I am sure that the Chair will correct me if I am wrong, but anyone not on the Committee who wants to take part in its debates can do so; they just do not have voting powers. No one not on the Committee has turned up today. That means that they did not want to debate this. If they did, they could have done so, just as we all have.

The hon. Lady made multiple references to the London mayoral and London Assembly elections. She is probably not aware that I was elected to the London Assembly in 2012, when I was a list candidate, and in 2016. She says that this is not something that people want. People repeatedly complained about how frustrating the system was. Going back to 1998, when a 2011 referendum occurred, is to ignore more recent evidence. Going back to 1998, when a 2011 referendum occurred, is to ignore more recent evidence. To say that 23 years after the 1998 referendum, which was not specifically on the voting style but really about whether or not to have a Mayor, is a very specious argument. I do not accept it at all.

I also found it mildly amusing to hear the hon. Lady say that the Committee needs experts to explain how first past the post works in relation to other voting systems. All of us here know how first past the post works, and also how the other systems work. I am not sure we can reasonably say we need so much expert advice on the way we are all elected.

Finally, the hon. Lady says that this is undemocratic, and I believe one of the SNP Members said that this was for political reasons. The fact is that in London mayoral elections, to which they are referring, no election would have had a different result, irrespective of whether it was first past the post or transferable voting. This is making things simpler and easier to understand for people who have complained.

--- Later in debate ---

[The Chair]

Before I put the question, on a procedural point just for information, Members not on the Committee can attend this Bill Committee, but must sit in the Gallery. They cannot sit with Committee members, or indeed speak or vote. On delegated legislation, they can contribute from the floor, but not vote. Just to ensure that Members do not think I have come out as some sort of procedural genius like the right hon. Member for North East Somerset (Mr Rees-Mogg), that was on advice from the Clerk. It is always good to take advice. It would not be credible if it was from me, I know.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

New Clause 2

Citizens’ assembly on electoral systems

“(1) The Secretary of State must establish a citizens’ assembly representative of the population aged 16 and over to consider electoral systems in the United Kingdom.

(2) The Secretary of State must, for each category of election reformed by section (Simple majority system to be used in elections for certain offices), provide to the assembly a report assessing the effects of the reforms on the matters in subsection (3).

(3) The matters are—

(a) voter engagement and understanding,

(b) electoral integrity,

(c) fairness and proportionality.

(4) A report under subsection (2) must be provided to the assembly no later than three months after the first election in each category of election after this section comes into force.

(5) The assembly must—

(a) consider the reports under subsection (2),

(b) consider other evidence relating to the matters in subsection (3).

(6) The assembly may make recommendations for legislative or policy change, including for parliamentary elections.”—(Patrick Grady.)

Brought up, and read the First time.

[Patrick Grady]

I beg to move, That the clause be read a Second time.

The introduction of new clause 1, and indeed amendment 59, fundamentally changed the scope and nature of this Bill. We made that point at the debate on the instruction given to this Committee. It is no longer just an Elections Bill tidying up vague aspects of electoral law; it is starting to make fundamental changes to the constitution of the United Kingdom. This is an elections Bill in the wider sense, so it is right that we should consider the various new clauses that flow from that as a consequence.

New clause 2 is quite appropriately placed because, throughout this process, we have heard about the kind of piecemeal and incremental changes that have been made to electoral law and election systems. This Bill is yet another example of that, with all the different little bits and pieces that it is doing. The new clause provides a chance to step back and to look at the effects of those changes, in particular those to the electoral system that have just been agreed by the Committee, with consequences across the United Kingdom—therefore, in the context of elections to this place.

--- Later in debate ---

[Cat Smith]

I thank the hon. Gentleman for tabling the new clause and for his contribution so far. I read the new clause with interest. From the direction of his speech, I think he is arguing that a citizens assembly would be a far more consensual way of coming to a resolution on a binary choice. I wondered whether it was something that his colleagues in the Scottish Government are considering for another issue that polarises the population—rather than a referendum, perhaps a citizens assembly.

[Patrick Grady]

The hon. Lady was one of the few people in Committee who was paying attention to what I was saying earlier: the Scottish Government have used citizens assemblies not specifically on the matter of the constitution, but to test the views of the population and to help determine opinion and come to conclusions about policy development on both social justice and climate change.

Someone might want to argue that 2014 was polarising because it was a binary choice, yes or no, but I do not think that anyone could argue that it was anything other than a massive exercise in popular democracy. That referendum had the highest turnout until possibly the Scottish Parliament election we have just had—massive participation. That legacy continues to this day with political engagement. I encourage the hon. Lady to think about supporting my new clause.

As I said in one of the previous debates, the SNP supports the introduction of a far more proportionate system for this House. I referred to Angus Robertson, whose first contribution after the 2015 election was to recognise that the result was very disproportionate to what the result should have been. Incidentally, the 2017 result was probably more proportionate than that of 2015 in terms of how people had voted, and we would have been quite happy to have had 35 seats and been the third party in the House of Commons at that time, just as we have been happy with the results in both 2017 and 2019, which have represented overwhelming endorsements for the SNP manifesto and our commitment to allow people the right to choose Scotland’s future, but that is to stray from the point slightly.

The reality is that there is now a proliferation of electoral systems across the United Kingdom. People voting in mayoral elections and choosing police and crime commissioners are just about to experience yet another change—not to the status quo or something that existed before, because they never voted for them using FPP, but they will do so under the new clause. It is therefore appropriate to implement what is suggested in the new clause, and to take a step back in order to look at the implications of the Bill as a whole, particularly in the context of elections to this House. There is growing demand for that—it is not just an idea that we have had. There are a number of campaign groups, and a number of constituents have contacted me, my hon. Friend the Member for Argyll and Bute, and probably other members of the Committee, as well as Members across the House, to say that the time is upon us to revisit this question. A citizens assembly provides the most effective mechanism for doing that in a modern democracy. I look forward to the Minister opposing all this.

[Cat Smith]

I had not planned to speak, but I think this is a good new clause. I do not know what electoral systems a citizens’ assembly would decide on, but I do know that we in this House do not have a monopoly on wisdom. We are 650 Members legislating in the House of Commons, and our unelected colleagues down the corridor in the House of Lords also legislate. There is also a broader case to be made about how our democracy works, given how fragmented and disparate it is increasingly becoming. A citizens’ assembly could actually give the Government even more of what they do not know they want yet, because the public do have wisdom. Bringing together a group of citizens who are representative of the country and allowing them to explore ideas and make decisions would add value to our deliberations in this place.

I draw the Minister’s attention to a citizens’ assembly or convention currently being co-ordinated by University College London, which is looking at many of these issues. Certainly since I was elected to the House, politics has increasingly felt quite divided. Are people leavers or remainers? Do people in Scotland want to remain part of the Union or do they want an independent country? All these things are dividing our population and create a lot of tension. We see it in the language used in political dialogue—I implore colleagues to be more thoughtful and kind in the language they use, and I hold myself to that standard as well. Surely a citizens’ assembly would be a new way to look at things and an opportunity to discover that we have more in common than what perhaps divides us.

--- Later in debate ---

[Patrick Grady]

I am encouraged by the warm words of those on the Labour Front Bench. On that basis, we will test the will of the Committee.

Question put, That the clause be read a Second time.

--- Later in debate ---

The Government’s position is indefensible. Decisions are made daily in this House that directly affect and have an impact on young people’s lives. I almost crave an intervention from Government Members. Why is there such opposition to lowering the voting age to include 16 and 17-year olds? I wrote my notes as a challenge in the hope that somebody would explain and put on the record why they are so distrustful of 16 and 17-year-olds.

[Patrick Grady]

Will my hon. Friend give way?

[Brendan O'Hara]

Unfortunately, my hon. Friend is not on the side I was looking for interventions from, but I will absolutely give way.

[Patrick Grady]

Indeed, but we have been arguing throughout the Bill that the Government are trying to suppress democracy, and this just goes to show that they are not even willing to allow their Back Benchers to engage with such a fundamentally important proposition. Is it not even more ironic that the Conservatives in the Scottish Parliament supported votes at 16? Perhaps what that demonstrates is that the Government view the devolved Assemblies as lesser places, so they can have strange experiments and expand the franchise if they want to because they do not have the supremacy that this place enjoys.

[Brendan O'Hara]

I admire my hon. Friend’s powers of provocation, and still the Government Members slumber. Still nobody gets to their feet—[Interruption.] I will take that intervention. No, it was not an intervention. It was just a chuntering from a sedentary position. Perhaps the Minister could speak for them all. Can she explain to us why this is okay for Scotland and Wales? Why, when it has been so demonstrably successful in both of those devolved Administrations, are the Government so absolutely opposed to extending the franchise to 16 and 17-year-olds? The Conservative party in Scotland is okay with it. Someone will tell me if the Conservative party in Wales is not, but, as far as I am aware, it did not oppose it. Why is it okay for Scotland and Wales, and not okay for young people in England and Northern Ireland?

--- Later in debate ---

[Brendan O'Hara]

Yet again the Minister is outrageously dismissive. A part of her job is to answer questions in Committee. This is an important Committee. To say, “Go and ask an SNP researcher” is an absolute outrage. Minister, you have a responsibility to this House to answer direct questions and I am afraid you have been sadly lacking in doing that. We will not push the clause to a vote this afternoon, but we will test the will of the House on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 5

Voting by convicted persons sentenced to terms of 12 months or less

‘In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after “Scotland” insert “or a parliamentary election”.’—(Patrick Grady.)

This new clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.

Brought up, and read the First time.

[Patrick Grady]

I beg to move, That the clause be read a Second time.

As with the other new clauses we are debating in this sequence, new clause 5 is about levelling up the franchise for election to the House of Commons with that of the Scottish Parliament. The Scottish Elections (Franchise and Representation) Act 2020 is a genuinely historic piece of legislation. It introduced the widest franchise that has ever existed in these islands, possibly in western Europe. In May this year more people were eligible to vote in the Scottish Parliament elections—indeed, more people did vote—than in any other election ever held. That is even more remarkable given the context of the global pandemic and the severe restrictions on the practicalities of voting and the challenges that people faced in terms of social distancing. More people also voted for the SNP than had ever voted for the SNP before.

The 2020 Act was remarkable. It included, as we have just discussed, votes at 16, and the extension that we will come on to. It also included a small number of prisoners serving sentences of 12 months or less. The Electoral Commission reckoned from electoral returning officers’ data that about 38 eligible prisoners had registered to vote in the election. It is a small number—probably it could be larger—but it is nevertheless significant. In 2005, the European Court of Human Rights found that the blanket ban on prisoner voting in the United Kingdom meant that the country was in breach of article 3, protocol 1, of the European convention on human rights. The Scottish Government therefore see the introduction of this provision as an important step towards compliance with that judgment and respecting the fundamental rights that exist even for people who have been incarcerated.

The legal system in Scotland also now exercises a presumption against short sentences, but that approach and the right to vote if serving a sentence of 12 months or less are both rooted in the principles of inclusion and a desire for rehabilitation. There is therefore not only a human rights imperative to the new clause—to bring the United Kingdom further into line with the judgment handed down by the European Court of Human Rights—but the importance of aligning the franchise across the different legislatures of these islands. That is something that the Government ought to consider and support, although I suspect we will hear the opposite.

[Kemi Badenoch]

The Government believe that when citizens commit a crime that is sufficiently serious to detain them in prison, they have broken their contract with society to such an extent that they should not have the right to vote in prison. We were elected on a manifesto that makes it clear that we will maintain the ban on prisoners voting in jail. Prison means the loss of a number of rights and freedoms, not least the right to freedom of association and liberty. The Government believe that the loss of voting rights while in prison is a proportionate curtailment of such rights. As such, we cannot support the new clause.

[Patrick Grady]

I thank the Minister for that brief response. Nevertheless, it is important that we test the will of the Committee, because the new clause is about ensuring that the franchise is aligned and that we are compliant with the decision of the European Court of Human Rights.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Patrick Grady]

I beg to move, That the clause be read a Second time.

This is the last in the sequence of new clauses that reflect the similar provisions in the Scottish Elections (Franchise and Representation) Act 2020. The new clause extends the right to vote to all those with settled status in the United Kingdom—in essence, refugees with a right to remain.

What better way is there to send a message that refugees are welcome here, people who have often fled regimes where universal suffrage and free and fair elections are unheard of? That is why people come to the United Kingdom—they are escaping persecution, because they were living under oppressive regimes. Extending the franchise to such people is an extremely important message to send, but it is also important to the decision-making process, because those voices ought to be heard. Important decisions are made affecting their wellbeing and, frankly, if people in such situations had the right to vote, the way in which they are treated—in particular by this Conservative Government—would be very different.

Most of us have constituents who are refugees or asylum seekers who have not only fled atrocious situations but find themselves living in atrocious situations when they experience the hostile environment that the Government force upon them, whether through the poor condition of their housing or being denied the human right to work. Everybody is born with an innate right to earn their own living, but that right is denied to them by the Government. That is not a right that the Scottish Government are able to extend, which is one reason why they have extended the franchise, because that is within their gift and they want to send that signal that we value the experiences, horrific though some are, and skills that refugees bring to this society and the contribution that they can make.

[Brendan O'Hara]

On the contribution that refugee communities can and do bring to Scottish society, will my hon. Friend join me in acknowledging and congratulating the contribution made by the Syrian community on Bute? They fled an atrocious, most awful situation in their homeland to come to Bute and are now business owners. Their children have grown, come through the school system and are now at university. These people work and contribute to Scottish society in every single respect, as every other Scot does. The difference is that they cannot vote when it comes to choosing a Government in this place.

[Patrick Grady]

I absolutely echo everything my hon. Friend says about the incredible contribution of Syrian refugees, particularly in his constituency but in others as well. Refugees from other parts of the world were delighted at the opportunity to take part in the Scottish Parliament elections in May and would dearly love the opportunity to make their voices heard in elections to this place, and indeed to stand as candidates. We spoke about a by-election held in a ward within my constituency boundary, Partick East/Kelvindale. Abdul Bostani, the SNP candidate who achieved a plurality of votes but was unsuccessful because of the preferential voting system, is a refugee from Afghanistan. Our proportional representation list in Glasgow was headed by Roza Salih, one of the “Glasgow Girls”, originally from Kurdistan, who has fought for the rights of refugees. What greater message of tolerance and inclusion can we send than by welcoming people in that situation right into the heart of our democratic system? Equally, what opposite message do we send when such people are excluded, denied the opportunity to vote and denied other fundamental rights that we should have as human beings—rights that cannot really be taken away from them but that are simply denied to them? The right to vote ought to be such a right.

Again, there are two principles behind the new clause. First, the right to vote—that innate right to participation and freedom of speech. In modern democracies, it is understood that the right to vote is part of that fundamental right to freedom of speech. Secondly, levelling up the franchise. I do not think the Minister properly addressed this point in her response to previous new clauses; maybe she can attempt to do so in her response to this new clause. Why are the Government content with, and why do they welcome, the diverging franchise? More people than ever before are able to vote in elections to the Scottish Parliament, and indeed to the Senedd Cymru, whereas the overall effect of the Bill, as we said right back on Second Reading, will be fewer people having the opportunity to vote, because the Government are going out of their way to make it more difficult. Why do they see that diverging franchise as a good thing or something that they do not need to take an opinion on? I look forward to the Minister explaining why the Government want to continue the hostile environment for refugees in regard to their right to vote and responding to those other points on the divergence of the franchise.

[The Chair]

Apart from the exception that we agreed this morning, if hon. Members want to speak, they should rise a little bit out of their chairs.

--- Later in debate ---

Brought up, and read the First time.

[Patrick Grady]

I beg to move, That the clause be read a Second time.

I am not sure how Sir Edward Leigh, one of the other Chairs of the Committee, will feel about this, because I know that he was looking forward to chairing the final session next Wednesday. I will just have to keep this going until the rise of the House, and then for both sessions on Thursday, so that he has the opportunity to hear the Committee conclude its considerations. Otherwise, we will just have to get on with it as quickly as we can—I think we all need a break.

This is a relatively straightforward new clause, and I look forward to hearing the Government’s response to its principles, because it reflects the concerns that were expressed earlier when we considered part 3 and the powers of the Electoral Commission. The Government had real concerns that it was not an effective regulator—that it lacked teeth and was somehow not capable of exercising either the deterrent or the punishment when electoral offences took place. The new clause is a way of giving the commission the powers for which it asked, and to change the relatively arbitrary upper threshold of £20,000 that it can levy as a fine for certain offences to a much more proportionate response, either as a proportion of the total spend of the organisation or individual being penalised, or to a maximum of £500,000, whichever is greater.

[Brendan O'Hara]

Has my hon. Friend, like me, barely slept at night since hearing the tales of widespread personation, voter fraud, intimidation and postal vote harvesting—all manner of fraud, theft and deception—that came from Government Members in the first two or three days, when they used to participate in the Committee? Does he share my confidence that they will look at what is contained in the new clause and support it in order to give the Electoral Commission the full force of the law, and so that the guilty will not go unpunished, as they have insisted throughout, and a £500,000 penalty is just the thing to do it?

[Patrick Grady]

My hon. Friend is absolutely correct, and the point about proportionality is very important. We have heard about the rampant corruption in the UK electoral system and the complete inadequacy of the police, the Electoral Commission, local election returning officers and so on. A picture has been painted throughout the passage of the Bill. Why would the Government be content to keep the maximum level of fine at £20,000, when the Electoral Commission says it is really not adequate to provide either a deterrent or a punishment?

One example on which everyone in this room will find a point of consensus was when the Liberal Democrats were fined £20,000. [Hon. Members: “Hear, hear!”] They are not here to defend themselves—it is a wee shame. In all seriousness, the investigation that year found that 307 payments totalling £184,676 were missing from the Liberal Democrats’ spending return without a reasonable excuse. In return, they were fined £20,000, which was the maximum that the Electoral Commission could levy.

I would not suggest that is the mindset of the Liberal Democrats, but less scrupulous participants in our electoral process might think that £20,000 was a price worth paying for not reporting figures that were nearly 10 times that amount. To be clear, I am not saying that was the case with the Liberal Democrats, but perhaps other, less scrupulous participants might adopt that attitude.

We should adopt a more proportionate system by simply raising the maximum threshold. We are all familiar with the scene in “Austin Powers” where Dr Evil demands a ransom of $1 million as part of his nefarious plan to take over the Earth, and everybody laughs because it is not a huge amount of money in the modern world that he has woken up in. Similarly, a fine of £20,000 does not adjust for the rate of inflation and cost of inflation—not least the increases that we are experiencing as a result of the Tories’ disastrous Brexit policies.

A fine of £20,000 is not as high as it could be, so a maximum of £500,000 is slightly more realistic in the modern world, and then the proportionality of the 5% gives the Electoral Commission that extra flexibility and additional teeth that it might need to serve as a deterrent or to take action in the event of a breach. I have no doubt that the Minister will have lots of creative reasons for rejecting the new clause, and I look forward to hearing what they are.

[Kemi Badenoch]

The Government do not support the new clause for several reasons. I am aware that the Committee on Standards in Public Life recommended in its “Regulating Election Finance” report that the Electoral Commission’s fining powers should be increased to 4% of a campaign’s total spend, or £500,000—whichever is higher. The new clause closely mirrors that proposal.

The Government’s view is that the commission already has adequate powers to impose civil sanctions on political parties and non-party campaigners of up to £20,000 per offence. The new clause would increase that to £500,000 per offence. We should remember that criminal matters can be and are referred to the police, and in certain cases are taken to criminal prosecution. The courts have the power to levy unlimited fines for some offences and custodial sentences.

As set out in the Government’s response to the Committee on Standards in Public Life report, any extension of the commission’s fining powers would need to be considered carefully to assess their necessity and proportionality, because it is vital that they are an effective deterrent but do not cause a chilling effect on electoral participation and campaigning. Any direct comparisons with fines that can be issued by the Information Commissioner’s Office should note the clear difference between the two regulators and the types of entities that they regulate.

I sympathise with the example that the hon. Member for Glasgow North gave about the Liberal Democrats, but the truth is that political parties are not global corporations. There are over 350 currently registered with the Electoral Commission, many of which are predominantly made up of volunteers. As part of the further work of looking at the regulatory framework for elections beyond this Bill, the Government intend to look at all the recommendations in the report from the Committee on Standards in Public Life, alongside similar ones, including the forthcoming report on the commission from the Public Administration and Constitutional Affairs Committee. For these reasons, I urge the hon. Member to withdraw the new clause; or the Committee to oppose it.

[Patrick Grady]

Perhaps if the Minister had been willing to give a little ground, we would be willing to withdraw the new clause. However, we will test the will of the Committee by pressing it to a vote.

Question put, That the clause be read a Second time.

Elections Bill (Eleventh sitting)

Patrick Grady Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Fleur Anderson]

It is a pleasure to serve under your chairship, Mr Pritchard.

Part 4 and its provisions are a brazen attack on our democracy. They will undermine the ability of civil society organisations, charities and trade unions to engage and campaign in our democracy—that is why they are so controversial. We need to spend additional time considering them, and I hope that all Committee members will take up our amendments, which are reasonable, represent an improvement and come very much from civil society.

The provisions in question will infringe the rights of working people to organise politically or campaign on pay or rights at work, and they risk silencing the very people who got our country through the pandemic. They are an unnecessary and disproportionate reaction. They will not add to the integrity of our elections, but only have a chilling effect on democracy.

In a free and open society, democratically elected Governments are scrutinised by Opposition parties and civil society, often campaigning on single issues. Part of what makes democracy healthy is the freedom for civil society to challenge those in power, which the Government are seeking to curtail with the clause and which we seek to amend with amendments 71 and 72.

The clause will allow a Cabinet Office Minister to define who may legally campaign at elections, giving them the power to amend or remove the types of organisations that are allowed to spend as little as £700 on election campaigning across the whole UK. It also doubles as the list of organisations that are allowed to register with the Electoral Commission and spend more than £10,000 at elections. The Minister may now be able to ban charities that are critical of Government cuts to foreign aid, ban local community groups protesting against planning reforms, ban unions that might work with a political party for workplace rights, and ban anyone convicted of a public order offence. In conjunction with the Police, Crime, Sentencing and Courts Bill, which makes it much easier to criminalise protesters—even a protest involving one person—this would disproportionately impact on the Government’s most vocal and active opposition, who may have already been criminalised for protesting. That is a terrifying prospect and, as far as I can see, quite unprecedented.

The Bill is not about influence. It is a way for the Government to stifle their critics before elections and cripple them during elections. Giving the Government such power over their opposition during elections is completely at odds with free and fair elections. It is deeply inappropriate and offensive to our democratic tradition. Unions and other campaign organisations have a right to engage in our democracy and already face a highly regulated landscape, which is why the clause is unnecessary.

[Patrick Grady (Glasgow North) (SNP)]

The hon. Lady says this is the Government stifling their opposition. Actually, civil society, trade unions and charitable organisations are all our opposition, because they put equal pressure on all candidates and parties that stand in an election, as they want to achieve policy change. Obviously, some organisations are more closely affiliated with political parties than others are, but many of them are party-neutral in that sense, because they want to drive a policy change rather than see one party be successful in any given constituency or general election.

[Fleur Anderson]

I absolutely agree with the hon. Gentleman. It is a range of political opinions and opinions about different issues that are not necessarily the main bread and butter of political parties, but which are so vital, especially in an election time, when we are talking about the future of such a wide range of policy decisions that are about to be made on behalf of the electorate. Unless we accept the amendment, we face the risk of some groups, individuals, community organisations and single-issue campaigns being unnecessarily banned from taking part in the electoral process. There will be scandals ahead unless we accept the amendment.

Labour’s amendments 71 and 72 seek to temper the clause. Amendment 71 will delete the unprecedented and dangerous powers to remove categories of permitted campaigners while respecting the Government’s stated intention to future-proof electoral law by allowing the addition of novel categories of campaigner. It is flexible and can still respond to new issues and campaigns as we go forward, but it does not have the draconian and heavy-handed influence of only the Minister choosing who is on the list. Amendment 72 requires the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigner, and I hope all Members will agree that it is a very reasonable amendment.

Both amendments are necessary to prevent a Minister from having the unprecedented ability to interfere in a free and fair election. They also have significant civil society support, including from Bond—British Overseas NGOs for Development—which represents over 400 organisations, ranging from small specialist charities to large, international non-governmental organisations. It has many supporters in all our constituencies, with a worldwide presence, and believes that:

“This is an extremely broad power which could be open to abuse by future governments.”

I would add that it could be open to abuse by the current Government. Bond has urged that it be amended, and so do I.

--- Later in debate ---

[Patrick Grady]

Like the Labour Front-Bench team, SNP Members have warned repeatedly about the chilling effect that the Bill as a whole will have on political participation. We have gone through the clauses that suppress turnout; we have gone through the clauses that weaken oversight of elections; and now we are on to clauses that will deter organisations with legitimate interests from contributing to debate and policy development, though that is what happens during general elections.

The intervention made by the hon. Member for Newcastle-under-Lyme was very telling. His point was that charities should be seen and not heard—the patrician attitude was that charities do beneficent works, helping poor unfortunate souls, maybe contributing to the Government’s levelling-up agenda, or maybe not, and while doing all the hard work must live with the consequences of the policies made by Governments of whatever colour. That includes SNP Governments in Scotland; there will be organisations that are highly critical of some aspects of SNP Government policy—but so they should be, as the point of a vibrant third sector is to contribute to policy debate.

Most charitable organisations that I have come into contact with in my professional career, both in that sector and as a politician, ultimately do not want to exist. They are there to solve problems, and they do so by providing immediate relief and support to people who require it, but they also want to tackle the underlying policies that have caused those problems. The best time to do that is at election time, when decisions are made and when power really is in the hands of the people and the voters. Of course those organisations want to seek pledges from individual politicians. They are not necessarily seeking to influence political parties as a whole. They are certainly not telling their supporters which party to vote for. First, they are not allowed to, but even if they were, they are not going to tell their supporters and donors which party to vote for, because by definition these are cross-party organisations that draw support from a wide range of people across society, and doing so would be counterproductive.

It is crucial for our democracy, however, to allow these organisations to encourage supporters and donors, educate the people who support their cause, and engage with decision makers. If that means extracting pledges from candidates on a constituency-by-constituency basis, then good for them. If that means that candidates from whatever party get elected and are then held to account for signing a pledge or supporting a policy in the election, so much the better. When we have mass lobby days here in Westminster—there are a few lined up this week, now that covid restrictions are easing—Members of Parliament from all the political parties come along to demonstrate their support for a charitable cause. Yes, sometimes there is weight in one direction or the other, but inevitably the best way to drive political change is to achieve cross-party consensus. That is what these organisations are often trying to do, but the clause will have the chilling effect of which the hon. Member for Putney spoke.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

When we heard the intervention from the hon. Member for Newcastle-under-Lyme, was the hon. Gentleman reminded, as I was, of Desmond Tutu’s words:

“There comes a point where we need to stop just pulling people out of the river…We need to go upstream and find out why they’re falling in”?

Is that not the philosophy of the charities that the hon. Gentleman has worked with? Certainly the charities that I have worked with in my constituency want to stop people falling into the river upstream, rather than just keep fishing them out at the bottom.

[Patrick Grady]

Absolutely. Where are those decisions ultimately made? Here, in rooms like this one. We are engaging with charitable organisations on this Bill. We are being advised and lobbied on matters in the Bill by organisations that are making representations to us, have frontline experience, and are delivering in a whole range of sectors. We have heard from domestic organisations and from Bond, the international development network.

I am sure all Committee members have diligently read the written evidence submitted by Bond, EB14. I strongly encourage them to do so, because it explains the challenges and difficulties faced by these organisations, which are having to comply with election registration regulations and reporting requirements, and finding it incredibly difficult. There is evidence in that document—we heard it from the hon. Member for Putney as well—that many organisations are already choosing simply to step back, so their voices are not being heard. That goes back to the narrative of what exactly the Bill is trying to achieve, in terms of suppressing debate and political participation in this country.

Although clause 24 is not quite as draconian as clause 23, it is still pretty oppressive. Amendment 96, tabled by the SNP, could achieve much the same as the Labour party amendments in exempting registered charities from these incredibly stringent new reporting requirements. The threshold of £10,000 could easily be reached once everything that had to be calculated was taken into account, such as staff time, resources, and collaboration with other organisations.

It would be easy to hit that threshold, potentially unexpectedly. The charity would then face another burden if it was sanctioned. There have been examples, referred to in the written evidence, of charities that inadvertently crossed the threshold and did not report that appropriately, and then faced fines. That is fair enough, if that is the regime, but it is another cost. That is money that people have given to those charities. It might be taxpayers’ money, received through gift aid, that has to be spent on fines, compliance and regulation, deterring the charity from political participation and delivery of frontline services, when it already exists in a rightly strong and tightly regulated environment.

The Government should accept the amendments. If they genuinely believe in levelling up, surely they want to hear from organisations that have frontline experience of the difficulties and challenges being faced by ordinary people day to day, and that are identifying solutions that will help to raise standards in society and level up. In fact, we are seeing a levelling down, suppression of debate, sticking with the status quo, and a message not to challenge anything coming from the Government who happen to be in power now.

We have learned in this Committee and in others that the chances of an amendment succeeding are middling to none. Nevertheless, I look forward to the Minister’s response to my points.

[Brendan O’Hara]

It is a pleasure to follow my hon. Friend, who is absolutely right, though I admire his endless optimism that the chances are middling to none. He is far more optimistic than me that the Government will ever move an inch. That does not mean that the arguments cannot be made. Indeed, there is every reason for the arguments to be made.

At general elections, every single one of us has been made to think, question and commit one way or another to an idea coming from a third party or campaigning organisation. That is exactly how it should be in a democracy. When we put ourselves forward for election, people have a right to know where we stand on the big issues of the day—whether that is homelessness, third-world debt or support for those suffering domestic violence—and where better to do that, for a charity or third party organisation, than a general election? People are not asking us just as individuals; they are asking all those who put themselves forward for election in this country where they stand, because our public have an absolute right to know that.

The real question is about the motivation of the Government in introducing the measure in the first place. Campaigning is a core function of many organisations. It allows them to highlight areas of concern and contribute to the wider public discourse, from a position of authority and experience, from which every one of us benefits. We have all heard from numerous third party organisations of their concerns, but these measures will make an already complicated area even more confusing and burdensome for those issue-based campaigning organisations. They face new rules that may see them inadvertently fall foul of legislation and, as a result, step a long way back from their activity. They will shrink back from that public debate, which can only harm our democracy. That will dampen public debate, and the voice of those marginalised groups they represent will be further diminished.

Organisations will quite rightly engage in campaigning 12 months prior to a general election, but the vast majority of that campaigning will not be focused on that general election. Those organisations campaign every day of the year, every year of a decade. That is what they are there to do; they are there to inform and to advocate.

What is really troubling here is the purpose test and whether it can be passed. It is confusing. The legislation says that the purpose test can be passed if it

“can reasonably be regarded as intended to influence voters to vote for or against political parties or categories of candidates, including political parties or categories of candidates who support or do not support particular policies”.

That is all well and good, but the confusion arises because that is not the intention of the charity of a third sector organisation. The interpretation comes from someone else, and it is their perception of what counts as political campaigning. Even if the charity is clear that that is not its intention, it could be decreed by someone else that it is. The result is that the charities will shrink from those areas of concern—homelessness, domestic abuse—for fear of falling foul of the legislation. Many of us on this side of the Committee think that that was probably the Government’s intention from the start.

[Kemi Badenoch]

Amendments 76 and 90 would exempt from the transparency requirements provided by the lower tier of expenditure registered charities, charities exempt from registering with the Charities Commission, and community interest companies spending more than £10,000 across the UK but less than the existing notification thresholds. Amendment 77 would allow those groups to forgo the usual notification process for the lower tier and instead provide only their charity or company number.

The Government are clear that any group spending significant amounts in UK elections should be subject to scrutiny. That is essential to ensure transparency for voters and to maintain the level playing field for all participants in elections. It is therefore right that all types of third party campaigner should be subject to the same sets of rules where they are trying to influence the electorate. The amendments would undermine those principles, and the Government cannot accept them.

Additionally, third party campaigner regulations do, and should, focus on the purpose of campaigning activities conducted by all organisations, not just specific types of organisation. Charities and CICs can always choose to spend less than £10,000 in the period before an election if they do not want to register with the Electoral Commission.

[Patrick Grady]

Given the repeal of the Fixed-term Parliaments Act 2011, how will charities know when it is 12 months before a general election?

[Kemi Badenoch]

I will come to that point in a moment. Charities can choose to spend less than £10,000 in the period before an election. The clause is drafted so as to increase transparency by requiring third party campaigners to register at a lower level of spend than is currently the case, while also ensuring that the regulatory requirements on such third party campaigners is proportionate to their campaign spend.

Digital technology has significantly reduced the cost of campaigning, and it is important that the lower tier of expenditure reflects that reality. Those third parties subject to the lower-tier expenditure limits will be subject only to minimal registration requirements and will not be subject to reporting or donations controls. That increased transparency is intended to reassure the electorate and to continue to uphold transparency as a key principle of UK elections. No group should be exempt from that. In fact, having third party spending limits is essential to prevent the influence of American style “super political action committee” pressure groups in UK elections.

The notification requirement for third party campaigners involves the provision of important information, which the Electoral Commission uses to ensure that campaigners are eligible and to provide information about those campaigners to the public. While amendment 77 would still require third party campaigners to notify the Electoral Commission, it would allow them to provide only their registration numbers with the Charity Commission or Companies House, instead of providing the usual information, which would undermine the intended transparency.

Let me address some of the questions raised by Opposition Members before I continue on clause 24. I am not clear about what the hon. Member for Putney was referring to when she talked about the impact on the lobbying Act; if I am not answering her question here, I am happy to write to her with more information. The report on the 2014 lobbying Act from Lord Hodgson of Astley Abbotts said that as one of the fundamental purposes of electoral law

“is to maintain public trust and confidence in the integrity of the electoral system, it must be right that any regulation should apply to all such participants, regardless of their size or status.”

That shows that, even as the lobbying Act was being created and reported on, those considerations were taken into account.

--- Later in debate ---

[Brendan O’Hara]

I ask the Minister a very, very simple question. How will a charity or any other organisation—

[Patrick Grady]

Or a Back-Bench MP.

[Brendan O’Hara]

Indeed, or a Back-Bench MP—how will they know when they are in that 12-month period before a general election?

--- Later in debate ---

[Kemi Badenoch]

I would say that all third party campaigning organisations need to be mindful of their spending. I believe that snap elections are a rarity, given what happened in 2017. They do not happen very often.

[Patrick Grady]

And in 2019?

[Kemi Badenoch]

Yes, but the fact is they are not very common. Every single one of us in this room is in the same situation. I was elected in 2017. I did not know that a snap election was going to be called. I am afraid that what Opposition Members are asking for is the Fixed-term Parliaments Act 2011, which is not within the scope of what we are discussing. Debates on the clause are not the place to discuss certainty around election time, if that is what Opposition Members want. The clause is about regulating political finance transparency.

The fundamental point made by Opposition Members is that clause 24 creates an undue administrative burden for charities and community interest companies, but it does not do that. They can easily supply the relevant information.

--- Later in debate ---

[Kemi Badenoch]

Third party campaigners must currently register with the Electoral Commission before they spend £20,000 in England and £10,000 in any of Scotland, Wales or Northern Ireland for controlled spending during a regulated period before an election. Groups that spend below those thresholds could be spending substantial amounts of money on campaigns, but they are not regulated. Clause 24 addresses that issue, and introduces registration for third party campaigners at a lower level of spend than is currently the case.

Third parties spending in excess of £10,000 on controlled expenditure during a regulated period across or in any constituent part of the UK, but below the existing per-country thresholds for registration, will be required to register with the Electoral Commission. That will not replace the existing registration thresholds, which will stay in place. Therefore, if a third party campaigner spends more than £20,000 in England or £10,000 in Scotland, Wales or Northern Ireland, they will still be required to notify the commission as they currently do. That will be for all groups, as we said in the debate on the amendments. No exceptions will be made for any special category of campaigner; they will all be subject to the same rules.

In addition, all the measures apply only to qualifying expenditure that can reasonably be regarded as intended to promote or procure electoral success at any relevant election. I want to be clear that they do not apply to wider non-electoral campaigning that groups may undertake.

As I mentioned, third parties registered in the lower tier will be subject to minimal regulation upon registration—for example, ensuring that they are UK based or otherwise eligible to register with the Electoral Commission. Again, such entities will not be subject to some of the other political finance controls in legislation around reporting on donations and controlled expenditure, nor will they be subject to the internal reporting and recording requirements.

We must recognise that digital campaigning has significantly altered the campaigning landscape by making it easier to spend less on campaigns and to spend more widely across the whole UK. Introducing registration at a lower level of spend reflects that reality and will help to increase transparency for the public with regulation proportional to the level of spend.

[Patrick Grady]

The Minister said in her previous speech that the measure was partly intended to avoid a situation arising comparable to the US super-PACs that spend millions of dollars with very little regulation. It is impossible under current UK electoral law for a situation anything like that to arise in this country. The notion that small local charities that want to lobby their local candidates to stop the closure of a swimming pool, a school or a library are somehow comparable to the dark money seen in other parts of the world, which has been reported as potentially having an increasing impact in this part of the world, is completely extreme.

It is not impossible that there will be a general election in February 2022, because as the Minister has admitted, the Prime Minister will have that option when the Fixed-term Parliaments Act 2011 is finally repealed. As soon as that happens, the next election campaign will effectively start, which is delightful for all of us because of the rare snap elections that we have experienced twice in the last three years.

Under the terms of the clause, if an election came that early it might be the case that some organisations would have already reached the threshold without knowing it, not least because they are in the process of holding us to account for pledges that we made in 2019 that they have not had much opportunity to lobby on. Organisations that are organising a big lobby day—there are several coming up—that involve a lot of logistics such as the hire of the hall and the transportation of people, and that are related to pledges that Members may have made at a general election and therefore could reach the threshold, may find that they are already in breach without knowing it.

It is an awkward clause that relates to the overall package of reform that the Government are bringing in through the Bills that we have mentioned throughout the progress of this Bill, including the repeal of the 2011 Act, the Police, Crime, Sentencing and Courts Bill, and the other aspects of electoral and political law that are being amended. The Minister is falling back on the idea that it affects everyone, but that does not really answer that point. In a sense, it does affect all of us and we may already be in the run-up to a general election campaign but we just do not know because of the power grab that is being exercised by the Conservative Government, of which this clause is another example.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clause 25

Joint campaigning by registered parties and third parties

[Fleur Anderson]

I beg to move amendment 74, in clause 25, page 36, line 19, at end insert—

‘(2A) In section 85(2) of PPERA, after “incurred”, insert “(in the case of a parliamentary election only after the date of the election has been set or fixed)”.’

This amendment would limit regulated periods for UK Parliamentary General Elections to the period between the announcement of the election and the close of polls.

Clause 25 is about joint campaigning by registered parties and third parties and sets up the necessary amendment to have joint plans registered by those registered parties and joint parties when they are campaigning together. It clearly focuses mainly on suppressing the unions’ ability to campaign with parties. The Opposition oppose clause 25 in its entirety, as I will come to later.

On amendment 74, we have just been talking about deadlines and dates and how, if there is confusion about who can campaign, there is confusion about what has to be registered financially and who that has to be registered with. Then there is a lot of red tape. On top of that, there is confusion about the dates and the period that we are in: is it an election time or not? That will all, jointly, have a huge suppression effect on campaigning, which is the lifeblood of our elections and our free and democratic society.

--- Later in debate ---

This is not about fairness but about silencing the Government’s critics and rigging the rules. This clause in particular is an assault on the UK’s democratic tradition and a brazen attack on the ability of trade unions to speak out on behalf of the millions of working people they represent. I urge Government Members to think deeply about what they are doing to our democracy through the clause. If they are democrats, they will vote for our amendments and against this clause.

[Patrick Grady]

I want to speak briefly in solidarity with my Labour comrades. I was reminded during the hon. Lady’s speech of the quote, often attributed to Margaret Mead, that is a favourite of many third sector organisations:

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”

Policy change cannot be effected without building a coalition. We cannot change direction and implement new legislation without bringing several diverse and disparate groups together to support that cause. That is why we have left the European Union: that was done reasonably successfully. We can ask about where some of that money came from, because we know where trade union money comes from; it comes from the members, by and large, and if people do not want their trade union membership fee to fund the Labour party—I have first-hand experience of this—they can opt out. Thatcher introduced that quite some time ago.

Historically, the Labour movement has that relationship with the trade unions, but there are unions or branches in Scotland that support either individual SNP candidates—the cause of independence—or at the very least Scotland’s right to choose. Perhaps the Labour party would be in a slightly better position if it aligned itself with those enlightened trade unions.

The point made by the hon. Member for Putney, about the effect that the clause will have in restricting the ability of organisations to unite behind a common cause, is very concerning. How else will change be achieved? As I said earlier, the whole thing seems to be about putting up a block now—“We have reached some sort of status quo, and that should be the end of it.” That is always the Conservative attitude—that Conservative government is, essentially, the end of history, that perfection has been achieved with their election and that nothing should change. It is not so much levelling up as levelling over—just pouring concrete on everything that might have gone before or anything that might pose a challenge to them, to try to stop it there. Labour Committee members are right to highlight the dangers of the clause, and we will be very happy to vote with them should they press the clause to a Division.

Question put, That the clause stand part of the Bill.

--- Later in debate ---

[Kemi Badenoch]

The new disqualification order, which we have already debated, disqualifies offenders from being elected to various offices. This clause ensures that this disqualification applies to the House of Commons. It specifies that if an offender who is subject to an intimidation disqualification order is elected to the House of Commons, their election will be void. Other relevant elected offices already have provisions that state that an election will be void because of disqualification. The House of Commons has no such provision, and we therefore need to provide specifically for that possibility.

This clause is reasonably technical in nature, but it has an important role to play in ensuring that the new intimidation disqualification order works smoothly. I therefore commend it to the Committee.

Question put and agreed to.

Clause 31 accordingly ordered to stand part of the Bill.

Clause 32

Power to amend Schedule 8

[Patrick Grady]

I beg to move amendment 92, in clause 32, page 44, line 12, leave out “may by” and insert

“must consult with such persons as the Minster considers appropriate before making”.

This amendment empowers the Secretary of State to consult broadly before making regulations under clause 32 to amend Schedule 8.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Patrick Grady]

This relatively technical amendment is based on the written evidence and suggested amendments submitted by the Law Society of Scotland, which I am sure Committee members are familiar with and have read in detail. Schedule 8 provides the list of offences that disqualify offenders for elected office, including offences under the law in Scotland, which in a lot of these areas is determined by the devolved Scottish Parliament, so we think it is pretty simple and appropriate that the clause places a duty on Ministers to “consult with” relevant persons as appropriate before making statutory instruments.

A lot of themes that have come up in the course of our deliberations are about the need for enhanced scrutiny and consultation. Indeed, the Minister strongly defended the role of consultation—as opposed to seeking consent from the devolved Assemblies, which we are not asking for in this amendment—in a debate on a previous clause. I look forward to her saying that the amendment would be overly bureaucratic and delay the process and therefore is not necessary.

[Kemi Badenoch]

I thank the hon. Gentleman for his comments. If he already knows what I am going to say, and if we have had this debate multiple times, it raises the question of why he chose to table the amendment. Nevertheless, I will speak to the clause and his amendment.

The purpose of clause 32 is to future-proof the new disqualification order so that it remains relevant and can continue to apply to offences of an intimidatory nature. For example, the nature of electoral campaigning is evolving as online campaigning increases in significance, which unfortunately means that the nature of intimidation and abuse is also evolving and shifting online. It is possible that new online intimidatory offences will be created. For example, a Law Commission report in July recommended the creation of a more modern harm-based communications offence. If this proposed offence became law, we might want to make it possible for the intimidation disqualification order to be imposed in relation to that offence where the necessary hostility was established. That is why the clause enables Ministers to add, amend or remove offences from the list of intimidatory offences in schedule 8. Any statutory instrument made using this power would be subject to the affirmative procedure.

Amendment 92 would require the Secretary of State to undertake a consultation with such persons as he considers appropriate before making use of the regulation-making powers to amend the list of intimidatory offences in schedule 8. This is not necessary, as the hon. Gentleman knew I would say. The Secretary of State will be able to seek and consider the views of such persons as he considers appropriate when relevant without the need for a legal requirement to do so—this is the normal business of government. As previously stated, the clause already requires that any statutory instrument laid using these powers will be subject to parliamentary scrutiny under the affirmative resolution procedure. This will ensure that Parliament can scrutinise and decide whether to accept any proposed changes to schedule 8. The Government will therefore not accept the amendment, as we believe that it is unnecessary. To ensure that the new disqualification order evolves in the same way that intimidatory behaviour and criminal offences evolve, the clause should stand part of the Bill.

[Patrick Grady]

I do not think that was a massive surprise. The Minister is right to say that it is important that the legislation is future-proofed. The Scottish Parliament has a proud record—as indeed does the Senedd Cymru—of being in advance of this place sometimes in terms of the legislation it has brought forward and the kinds of behaviour it has gone on to deem a criminal offence; in fact, a recent piece of hate crime legislation might well contain examples to add to the disqualifying offences in the Bill.

In an attempt to strike a note of consensus, I will take in good faith the Minister’s commitment to monitor the development of legislation north and south of the border and that the consultations will happen. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 32 ordered to stand part of the Bill.

Clause 33

Interpretation of Part

Question proposed, That the clause stand part of the Bill.

[Kemi Badenoch]

The clause helps to interpret and clarify two terms that are used frequently in this part of the Bill. The first is “disqualification order”, which refers to the new five-year intimidation disqualification set out in clause 26. The second is “relevant elective office”. The list of offices determines the offices that an offender subject to the new disqualification order cannot stand for, be elected to or hold. It also determines the elected office holders who are protected by the new disqualification order.

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34

Minor and consequential amendments

Question proposed, That the clause stand part of the Bill.

Elections Bill (Tenth sitting)

Patrick Grady Excerpts

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Patrick Grady (Glasgow North) (SNP)]

I beg to move amendment 61, in clause 12, page 20, line 42, at end insert—

“(4A) The Secretary of State may not designate the statement under section 4A unless the Scottish Parliament has, before the end of the 40-day period, passed a motion of the form ‘That the Parliament approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions’.”

This amendment would require the Scottish Parliament to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions before the strategy could have effect.

[The Chair]

With this it will be convenient to discuss amendment 75, in clause 12, page 20, line 42, at end insert—

“(4A) The Secretary of State may not designate the statement under section 4A unless the Scottish Parliament and Senedd Cymru have each, before the end of the 40-day period, passed a motion in the form ‘That this Parliament approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved functions.’”

This amendment would require the Scottish Parliament and Senedd Cymru each to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved functions before the strategy could have effect.

[Patrick Grady]

It is a pleasure to serve under your chairmanship once again, Sir Edward.

Anyone who has dealt with similar clauses in other Bills, through which the UK Government have sought to legislate in ways that would affect Scotland or devolved matters, will not be surprised to learn that here, the SNP is seeking is introduce the principle of consent rather than just consultation. The Electoral Commission has oversight across the United Kingdom, including of areas that are regulated by the devolved Administrations, and our position is always that laws and regulations affecting Scotland should be made in Scotland, or at the very least approved or consented to by the Scottish legislature.

Amendment 61 and Labour’s amendment 75, which we would be happy to support in lieu of amendment 61, provide for the Scottish Parliament’s scrutiny of, and agreement to, sections of the Electoral Commission’s statement, but only in so far as they relate to devolved functions; we are not asking for a UK-wide veto. We will get on to the merits or otherwise of the statement, and its existential point, later.

We will take an active interest in the parts of the statement that affect Scotland. Amendment 61 may end up being a little-used power, because in the Government’s draft statement, which is very high level, I can see only one mention of Scotland and devolved matters: paragraph 18 on the principles, on page 8, refers to the Crown Office and the Crown Prosecution Service. I doubt anyone particularly objects to that.

I suspect that we will hear from the Minister that the amendment is unnecessary and bureaucratic. [Interruption.] I have pre-empted her; we could have just the one contribution in this debate. We could write each other’s speeches. The amendment, however, goes to the point and function of the devolution settlement. Unfortunately, we see the Government riding roughshod over it, not just in the Bill, but across the piece. We saw that in the United Kingdom Internal Market Act 2020. We see the Government routinely ignore the legislative consent motion process and legislating without the consent of the devolved Administrations, when previously a lack of consent would have been respected. Unfortunately, I suspect that this legislation will end up being another example of that.

The amendment also speaks to a point that I have made several times on Second Reading and in Committee about divergence north and south of the border. That is not a huge problem for those of us on the SNP benches, but it is something that people who want to make the case for a strong and stable Union really need to think about.

Debate on the point of the statement will follow when we come to the clause stand part debate; we have significant concerns about the existence of a statement guiding the Electoral Commission, certainly in the way that is proposed, but if we are to have that statement, the devolved Administrations’ consent should be required to the parts of it that apply to them.

I accept that a Government Bill requires consultation, but as we often see, consultation does not necessarily mean that consensus or any kind of agreement can be achieved. Our amendment 61—and the Labour amendment, which requires consent from Senedd Cymru as well, and which we would be happy to support—would strengthen the requirements of the Bill and respect the devolution settlement. I would be happy to withdraw amendment 61 in favour of amendment 75, but we want to hear from the Minister first.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

Sir Edward, given that we are taking amendments 61 and 75 together, I would like to speak to the amendment that appears in my name and those of my hon. Friends.

I thought the hon. Member for Glasgow North made the case strongly, and I agree with him, although we come at it from slightly different positions. While he would like to see Scotland separate from the United Kingdom, I would very much like to see the United Kingdom strengthened and I support the Union.

On those grounds, there is a strong Unionist case for amendment 75, which is about respect for the devolved nations. When the Conservative Government continue to treat the Senedd Cymru and the Scottish Parliament with such disrespect, particularly regarding the strategy and policy document, it threatens the Union. From one Unionist to another, I implore my colleagues on the Government side of the House to look again at how deeply disrespectful the Government’s approach to the Scottish Parliament and the Welsh Senedd is.

While I disagree with the hon. Gentleman on the reasons that we have come to this view, his amendment is very good, although I think ours is slightly better on the grounds that it also includes the Senedd Cymru.

[The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)]

As Opposition Members will probably have guessed, we believe that the amendments are unnecessary, for two reasons. First, the provisions for the introduction of the strategy and policy statement, as the hon. Member for Glasgow North said in his speech, already provide a mechanism that will take into account the views of Welsh and Scottish Ministers where the statement relates to the Electoral Commission’s devolved functions.

Under proposed new section 4C(2) of the Political Parties, Elections and Referendums Act 2000, Welsh and Scottish Ministers are specifically listed as statutory consultees, which means that they will be consulted before the statement is subject to the approval of the UK Parliament. It would be both impractical and unnecessarily burdensome for the UK Government to be required to put the statement to the approval of the devolved Parliaments as well. It will be for the Scottish and Welsh Governments to determine their own processes for coming to a view on whether to suggest any changes to the statement.

Secondly, and very importantly, the Committee is no doubt aware that the Welsh and Scottish Governments have already recommended that the devolved Parliaments do not grant legislative consent to this measure. This Government’s view is that a statement applying to both the reserved and devolved functions of the Commission would ensure greater consistency across the UK for the Commission and all those involved in elections. It is regrettable that that was the decision they reached. However, I am keen to continue to engage with my Scottish and Welsh counterparts to mitigate any unintended consequences, and as such I am considering what amendments we may need to make to these provisions in relation to devolved matters.

Based on those considerations, an amendment of this kind would become redundant. For those reasons, I urge the Committee to oppose the amendments.

[Patrick Grady]

To respond briefly to the Minister, I still think the point about consent is important. I welcome whatever reassurances she is giving, and we look forward to seeing what they turn out to be. However, the Government are proposing further amendments, which they should not have to do at this stage of the Bill’s passage. This could have been dealt with at a previous stage; they could have consulted the Scottish Government and Welsh Ministers in advance of bringing this measure forward in the first place. Purely on the basis that SNP amendment 61 covers only the Scottish Parliament, and I think we should test this for both the Scottish Parliament and the Senedd Cymru, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

Does the hon. Member for Lancaster and Fleetwood wish to propose amendment 75 formally?

--- Later in debate ---

[Kemi Badenoch]

I now turn to clause 12, and the measures in the Bill that concern the Electoral Commission. Members of the Committee will agree that it is vital that we have an independent regulator that commands trust across the political spectrum. The public rightly expect efficient and independent regulation of the electoral system. The purpose of the clause is to make provision for the introduction of a strategy and policy statement that sets out guidance that the Electoral Commission must have regard to in the discharge of its functions. The commission will be required to report to the Speaker’s Committee on the Electoral Commission on what consideration it has given to the statement in the exercise of its functions within 12 months of a statement being designated, and every 12 months thereafter.

The clause sets out clearly the type of guidance the statement may contain, which includes Government strategic priorities relating to elections, referendums and other matters in respect of which the commission has functions. As the statement will contain Government guidance, and the Government’s views of the commission’s priorities, it will therefore be drafted and designated by the Secretary of State. However, the statement will be subject to a statutory consultation with the Speaker’s Committee on the Electoral Commission, the Public Administration and Constitutional Affairs Committee and the Electoral Commission itself before being subject to parliamentary approval. That will ensure that the Government must consider Parliament’s views and will allow Parliament to have the final say over whether the statement is designated.

[Patrick Grady]

Does that mean that Parliament will have the opportunity to amend the statement? Will Opposition Members, or Government Back Benchers, be able to table textual amendments to the Government’s statement, or will it be for the Government to amend a draft statement in the light of consultation responses?

[Kemi Badenoch]

I do not believe that is the case. We would have to bring in a different statement if Parliament did not allow it, and during a parliamentary debate views could be considered.

The Secretary of State will be required to consult Scottish and Welsh Ministers with regard to any guidance relating to the commission’s devolved Scottish and Welsh functions. To ensure that the statement remains relevant, the clause requires that at least once every five years since the previous statutory consultation, the Secretary of State must review and determine whether to revise or withdraw the existing statement. The Secretary of State must then consult the statutory consultees previously listed before laying a revised or unamended draft statement before Parliament for approval.

It is important for the Government to be able to make swift changes to the statement when needed. That is why the clause provides that, within the five-year period, the Government may on their own initiative or at the request of the commission, review the content of the statement from time to time. When doing so, the Secretary of State must inform the statutory consultees of any proposed changes and consult the Speaker’s Committee on whether those changes require a statutory consultation. Should the Secretary of State disagree with the Speaker’s Committee’s opinion, they may proceed with laying the draft statement before Parliament for approval only after issuing a ministerial statement outlining the reasons for disagreeing with the Committee’s opinion.

On Government amendment 1, it was always our intention that any revisions to the strategy and policy statement, apart from typographical or clerical errors, should be submitted for parliamentary approval, both within the five-year period and at the five-year review point. However, since introduction, we have identified that the wording of proposed new section 4E(4) to PPERA could unintentionally enable the Secretary of State to determine that, following a revision to the statement within the five-year period, the obligation to lay the draft statement before Parliament does not apply. That could have the unintended consequence of allowing the Secretary of State to bypass the requirement to submit the statement for parliamentary approval. That was never our intention, and the Government are clear that the strategy and policy statement must be subject to appropriate levels of parliamentary scrutiny. For that reason, we have tabled Government amendment 1, which clarifies that new section 4E(4) does not disapply the requirement on the Secretary of State to submit the revised statement for parliamentary approval.

--- Later in debate ---

[Cat Smith]

I am very clear about this. I will come to it later in my remarks in more detail, but, roughly speaking, regulation of the Electoral Commission regulates elections in which Governments are elected. There is a difference between the regulation of democracy in elections and the regulation of water companies, for example. There are distinct reasons why it is important that an Electoral Commission in particular has independence from the Government of the day. Indeed, that can be seen in examples from similar democracies. New Zealand, Australia and Canada are three democracies that we look to and that, for historical reasons, have structures similar to our own. It very much looks as though the Government are trying to rig democracy in their favour by directing the strategy and policy of the Electoral Commission, and that is very different from other regulators.

The existence of an independent regulator is fundamental to maintaining confidence in our electoral systems and, therefore, confidence in our democracy. That is particularly important when the laws that govern elections are made by a small subset of the parties that stand in elections. Many parties that stand in elections in our country do not have Members of Parliament elected, and much of the legislating on this will be done in secondary legislation. We have only three political parties represented in this room. We have more than that elected to this House, and there are many more parties that the Electoral Commission regulates that do not have any Members of Parliament on the green Benches. I stress that having a very small subset of participants in a process making decisions on the regulation of an independent regulator is deeply troubling.

The commission’s independence needs to be clear for voters and campaigners to see. The commission needs to be seen to be fair and impartial. If we see this measure alongside previous calls by some Government Members on the green Benches—although I do not think by anyone in this room today—to abolish the Electoral Commission in its entirety, it does strike me as a worrying trend. I have been looking at similar democracies—the three obvious ones are Canada, New Zealand and Australia—where there is a complete separation between the Governments and their electoral commissions. A country where the Electoral Commission is told what to do by the Executive is not a country with free or fair elections. The regulator of our elections needs to be independent and impartial and must not be subject to political control.

I have tried to think of other examples. I am a football fan and this is like being able to decide who the referee is and whether they grant a penalty. We would all like to see our clubs do well, but it would be deeply unfair to the teams that we play, so we would not go along with it. We would not allow a gang of criminals to decide whether the police could investigate a crime, and nor should the governing party decide the political strategy of the supposedly independent—this raises that question—Electoral Commission.

Far from increasing the powers of independent electoral regulators, and giving them the powers they need to defend and protect our democracy, it looks like the Government are intent on stripping the Electoral Commission of its ability to do its job in this field. These proposals threaten to end the commission’s independence and put control of how elections are run in the hands of those who have won them, which seems intrinsically unfair. These are the actions of a Government that fear scrutiny, as we have seen in other recent legislation.

I draw hon. Members’ attention to the evidence sessions held by the Public Administration and Constitutional Affairs Committee, where we heard from Helen Mountfield QC. She said that the Bill arguably breaches international law and that

“the removal of the independence of the Electoral Commission is potentially legally problematic”

and breaches the UK’s constitutional standards. I feel that clause 12 should be removed in its entirety.

I finish by responding in more detail to the Minister’s previous intervention. The ministerial powers to specify statements for Ofcom, Ofgem and Ofwat do not include giving guidance about specific matters or functions for which those regulators are responsible. That is a completely out-of-the-ordinary and inappropriate abuse of power. The example strategy and policy statement that was published last month illustrates the scope of this power and how it could be applied in reality.

The breadth of the example statement strayed, I would argue, from the scrutiny of the commission and into decision making and directing how decisions are made. Some of the content would have an impact on the commission’s independence, for example by specifying considerations to which it must have regard when carrying out its enforcement work. I do not believe that this clause should stand part of the Bill and we would like to vote against it.

[Patrick Grady]

The Minister said in her opening remarks that it is important that we have independent regulation, so that the public can have confidence in our elections. The implication of that is that we do not currently have independent or impartial regulation of elections. It implied that somehow the Electoral Commission, as currently constituted, is fundamentally flawed and failing in its duty. That is a substantial claim and none of the evidence we heard, or any of the debates about this Bill, suggests that that is the case. That is perhaps why the Government are coming at this with a slightly different motivation, as alluded to by my colleague on the Labour Front Bench.

The Electoral Commission itself has said in briefings about this Bill that, as currently drafted, the provisions of part 3 are not consistent with the Electoral Commission operating as an independent regulator. It has said that the scope of ministerial powers to specify statements for Ofcom, Ofgem and Ofwat, which was the example given by the Minister, does not include giving guidance about specific matters or functions for which those regulators are responsible. Therefore, this is in effect a power grab by the UK Government, which is consistent with their approach in a whole range of areas.

The Electoral Commission is already accountable to the House through the Speaker’s committee. We have regular questions in the Chamber, precisely to provide some of that accountability. The members of that committee, on behalf of the whole House, scrutinise the operation of the commission. There are also procedures at Holyrood and in the Senedd Cymru to ensure that the Electoral Commission self-accounts for its operations in those parts of the United Kingdom.

The Minister herself said, in response to my intervention, that there will be no ability for this House to amend the statement. It would be for the Government, if they were defeated, to withdraw the statement and bring something back in its entirety. The Government are taking and retaining control of the entire process: taking away accountability from this House and handing power to the Secretary of State.

In the future, if Back Benchers have questions about the operation and actions of the Electoral Commission and what it has done, to whom will they ask the questions? Will the questions be on the Floor of the House at commissioners questions or will they be for whichever Department happens to have responsibility for the operation of the Electoral Commission at any given time? That is not particularly clear. I appreciate the Minister is here from the levelling-up Department, but a completely different Department was leading on this Bill when it was introduced.

At some point when we are discussing regulations in any Committee like this, someone will ask, “Quis custodiet ipsos custodes?”—I hope my Latin gets some brownie points from you, Sir Edward. “Who is watching the watchers?” is the philosophical question at the heart of the clause and what the Government are trying to do to the Electoral Commission. We as politicians—as elected parliamentarians, which was an important point from the hon. Member for Lancaster and Fleetwood—have an active and vested interest in the regulation of elections; even more so a Government who have been elected and want to stay elected. However, the clause allows the Government to mark their own homework—an often-favoured phrase of Ministers—and direct the body that oversees what is supposed to be an impartial process.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I compliment the hon. Member on his Latin. In the Pickles report, Lord Pickles says:

“The current system of oversight of the Electoral Commission—by the Speaker’s Committee on the Electoral Commission—does not provide an effective third-party check on its performance…The Electoral Commission continues act to as a commentator and lobbyist on both policy and law. Yet government should not be lobbying government.”

Should we not ask the same question of the Electoral Commission that he asks of this Committee?

[Patrick Grady]

In that case, I hope the hon. Member will support the amendment to provide for lay membership of the Speaker’s committee to enhance that level of scrutiny and indeed to ensure that there is not a Government majority on that committee. No one is saying we should not expand scrutiny of the Electoral Commission’s operations; we are saying that the clause will reduce scrutiny and put more control in the Government’s hands. It is not good enough to say that statements can be consulted on and indeed might change between Governments as Governments change. In fact, that is more dangerous and would lead to inconsistency, which would really start to diminish the commission’s impartiality.

No one can say, “Well, this is a bland and harmless overall statement of principles that people have already agreed to,” when it provides directives and powers to give directives that are not found elsewhere either in UK regulators or in comparable commissions in the Commonwealth such as those of Canada, Australia and New Zealand. Conservative Members in particular are generally so proud that people in those countries look to the mother of Parliaments for their inspiration and to this glorious United Kingdom as an example of democracy that others should aspire to. Those countries have done that—well, they may have done that—and they have independent regulators that are accountable to their Parliaments and legislatures, not to their Executives. The SNP opposes this power grab and will oppose the clause.

[Kemi Badenoch]

It is pretty obvious that Opposition Members are making a mountain out of a molehill. It is well established for a Government to provide policy guidance to independent regulators via policy statements such as with Ofgem and Ofwat, as I said in my intervention on the hon. Member for Lancaster and Fleetwood. It is also entirely appropriate for a Government to provide a steer on electoral policy and ensure that their reforms on electoral law are properly implemented. That does not fetter operational enforcement decisions on individual cases or change the Electoral Commission’s statutory duties.

The fact is, the Electoral Commission is created in law and the strategy and policy statement does not supersede the legislation. That is not the intention, and the measures in the Bill do not do that. If there were a conflict, the commission would have to defer to the law and not to a statement.

On who can amend a statement, there are multiple ways for Parliament to indicate its intention if it does not like the content of a statement. That does not need to be specifically through an amendment—there are other ways in which procedurally we as parliamentarians can let our views be known.

At present, the Electoral Commission is not properly accountable to anyone. As a result, its failings such as on electoral fraud in Tower Hamlets have never been addressed. The Speaker’s committee has not provided enough robust scrutiny on such issues.

--- Later in debate ---

[Kemi Badenoch]

The Speaker’s Committee on the Electoral Commission is a statutory committee, the membership of which is set out in the Political Parties, Elections and Referendums Act 2000 and includes five Back Benchers, who are appointed by the Speaker of the House of Commons, and four ex officio members. It is a cross-party committee and chaired impartially by the Speaker. As such, it is expected to work on consensus across party lines, as is the case for all parliamentary committees, regardless of their political majority. There has never been any suggestion that the presence of a Government majority has fettered the Speaker’s committee’s ability to work constructively with the Opposition in holding the Electoral Commission to account.

The Speaker’s Committee on the Electoral Commission’s composition currently reflects the wider majority in the House of Commons, as is usually the case for parliamentary committees. Contrary to some of the claims made by the Opposition during the debates about the Bill, it does not have an in-built Government majority. The Speaker already has the necessary statutory powers to appoint five Back Benchers of his choosing.

Therefore, the Opposition’s amendment 65, which seeks to ensure that the Government do not have a majority on the Speaker’s committee, is wholly unnecessary as it seeks to resolve a non-existent problem. Also, as I said earlier in the debate on clause 12, it hints at there being a political motive, rather than a desire to strengthen the Speaker’s committee.

Our view is that amendment 66 should also be opposed, as it is inappropriate. As the Committee will know all too well, it is extremely rare for lay members to be appointed to parliamentary Committees. On the rare occasions that it has happened, extensive consideration was given by previous Parliaments to ensure there were strict criteria determining the appointment process, length of mandate and political background of those lay members. This is necessary to ensure that the addition of lay members to parliamentary Committees does not undermine the role of parliamentarians in their scrutiny function.

None of this important reflection work appears to have been done by the Opposition in tabling this amendment, which simply seeks to pander to false claims that the Speaker’s Committee on the Electoral Commission has an in-built Government majority. The perspective of voters and members of the public is rightly represented on that Committee by its members, as parliamentarians. It would be both highly unusual and unnecessary in this case to appoint lay members to the Speaker’s Committee on the Electoral Commission. Parliamentarians should be trusted to duly scrutinise the work of the Electoral Commission while having regard for preserving public confidence in the integrity of our elections.

For these reasons, I urge the Committee to oppose both amendments.

[Patrick Grady]

If the Minister is saying that the amendment to provide that the Government do not have a majority is fixing a “non-existent problem”, the logic of that is the amendment should not cause a problem either. Also, the Government might want to consider—this may be hard to believe at the moment—that they may not be in power forever. At some point in the future, another party or parties may form a majority in this House and may wish to legislate, regulate and all the rest that flows with the taking of power. At that point, I have a feeling that a Conservative Opposition’s view on all these matters might suddenly change. So the Government might want to think about some of that, in relation not just to this amendment, but other things in the future.

The point about lay membership was very well made by the Labour Front-Bench spokesperson. It is not uncommon to find lay members on certain consultative and advisory Committees associated with this House, and indeed in other parts of public life. Given that some of the Minister’s own Back Benchers were asking earlier for increased impartiality in the Speaker’s committee, I would have thought that the presence of lay members, who can bring in outside expertise without worrying about the transition that might happen at an election or whatever, would be quite helpful.

I will be very happy to support any amendments that the Labour party chooses to push to a vote.

[Aaron Bell]

It is a pleasure to serve under your chairmanship, Sir Edward, and to follow the hon. Member for Glasgow North; it is good to hear that the SNP also appreciates that Governments are not forever and the electorate may eventually turn on the Government at any given time, based on their record over a long period. It is good to know that he knows that he, too, is mortal.

The clause will provide more efficiency in Government by allowing somebody to stand in for a Minister on the Speaker’s committee. That makes perfect sense. Having spoken to the previous Minister in charge of this Bill, I am aware that there has been a problem in the past. Therefore, it is a perfectly sensible clause and it is disappointing, as the Minister said, that the Opposition have chosen to insert what looks like something born of political motivation into its amendment.

I have the utmost faith in Mr Speaker’s ability to determine the membership of the Speaker’s committee as he sees fit and I have the utmost faith in that Committee’s capability to consider any questions that come before it in a cross-party, consensual way, as the Minister said. Therefore, in common with the Minister, I urge everybody on this Committee to reject these amendments.

--- Later in debate ---

[Kemi Badenoch]

The purpose of clause 15 is to maintain the existing role of the Crown Prosecution Service and the Public Prosecution Service in Northern Ireland in bringing prosecutions under electoral law by clarifying the extent of the Electoral Commission’s powers. The Electoral Commission has publicly stated in its 2020-21 to 2024-25 interim corporate plan that its intention is to develop a prosecutorial capability that would allow it to investigate suspected offences and bring them directly before the courts. For the avoidance of doubt, the commission has never brought a criminal prosecution to date. While the commission considers that the current legislation provides scope for it to develop this function, this has never been explicitly agreed by the Government or Parliament, and could risk wasting public money while duplicating the work of the prosecution authorities that are already experts in this domain.

Clause 15 therefore amends the Political Parties, Elections and Referendums Act 2000 to expressly remove the potential for the commission to bring criminal prosecutions in England, Wales and Northern Ireland. This will not apply in Scotland, where there is already a single prosecutorial authority. This clause will not amend any of the commission’s other existing powers: the commission will continue to have a wide range of investigatory and civil sanctioning powers available to it. It will also remain able to refer criminal matters to the police, as is currently the case.

To reiterate, the purpose of this clause is to maintain the existing role of the Crown Prosecution Service and the Public Prosecution Service in bringing prosecutions under electoral law by clarifying the extent of the Electoral Commission’s powers. The effect of the clause is to amend paragraph 2 of schedule 1 to the Political Parties, Elections and Referendums Act 2000 to provide for expressly removing the potential for the Electoral Commission to bring criminal prosecutions in England, Wales and Northern Ireland. It also maintains the existing prohibition on the commission borrowing money, and relocates it to proposed new paragraph 2(2) of schedule 1. As I mentioned earlier, it is not necessary to include similar provisions for Scotland, as it is already clear that the Lord Advocate, acting through the Procurator Fiscal Service, has sole responsibility for criminal prosecution in Scotland. For those reasons, and to bring much-needed clarity to electoral law, I urge that the clause stand part of the Bill.

[Patrick Grady]

As the Minister has said, this clause relates to England, Wales and Northern Ireland. It does not really cover Scotland because of the nature of the Crown Prosecution Service, and in olden times, this might have been one of those clauses that was subject to the English votes for English laws procedure. I always like to speak on things that might have been covered by the EVEL procedure.

I want to reflect a little bit on this clause, though, because the Electoral Commission and other stakeholders have expressed concerns about what the Government are trying to do here. The Government giveth a statement, a direction to the Electoral Commission, and then they taketh away, saying that the commission cannot have the powers that it wants in order to be able to do its job right now—to increase its capability to prosecute. Throughout scrutiny of this Bill, we have heard from Government Members about rampant corruption threatening the integrity of the UK system. We have heard that Tower Hamlets was not an isolated case—people were prosecuted in that case, and brought to justice—but that similar cases are happening all over the country; it is just that we do not know about them, and they need to be investigated and prosecuted. Here is an opportunity for prosecution, but the Government are taking it away.

Other regulators have this power, either at an English, a Welsh, or a UK-wide level, including the Financial Conduct Authority, the Health and Safety Executive, the Information Commissioner’s Office and the Food Standards Agency. As such, this goes back to the point I made about some of the earlier clauses in this part of the Bill, about what the Government are trying to do here and the power grab that they are determined to effect. I fully accept that the regulatory and prosecutorial regimes north and south of the border are different, so it is not the SNP’s place to challenge this clause or press it to a vote, but it is important that those points are put on record.

[Aaron Bell]

It is a pleasure, once again, to follow the hon. Member for Glasgow North. I could not disagree more with his point about a power grab. This is a clause that provides welcome clarity. The Electoral Commission has neither the capacity nor the competence to act as a prosecutor; I believe there are too many conflicts of interest. It would end up marking its own homework, because it would be providing advice and guidance on the law first, and then acting as an arbiter and prosecutor over its own decisions. That is clearly a matter for an independent Crown Prosecution Service and for the police, all overseen by the courts.

We can only think about what happened in the EU referendum, in which the Electoral Commission was criticised for the legal advice it gave, for failing to ask for evidence from the accused, for the handling of documents, for its enforcement decisions and, ultimately, its flawed bids for criminal prosecutions against leave groups, which were then thrown out by the police and the courts. It was incredibly embarrassing for the Electoral Commission because Vote Leave had followed the advice that the Electoral Commission had given it on making donations to other campaigns, such as BeLeave. That perfectly illustrates the potential conflicts of interest in this area.

This is not just about the referendum. If we go back some time to 2005, when Labour were last in government, there was a controversy about loans to political parties before the 2005 general election. Again, that was fuelled by questionable advice from the Electoral Commission. If it was then marking its own homework on those loans, after the election, the Labour party would have felt in the same position that the leave campaigners did. It is welcome that the Electoral Commission has never brought prosecutions until now, but given the demand and clamour for that in recent years, I really welcome the fact that this clause makes it clear that that cannot happen in future.

Elections Bill (Ninth sitting)

Patrick Grady Excerpts

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Cat Smith (Lancaster and Fleetwood) (Lab)]

I beg to move amendment 79, in clause 10, page 13, line 4, at end insert

“and

(c) the person satisfies at least one of the following conditions—

(i) he or she was included in a register of parliamentary electors at some time in the past fifteen years;

(ii) he or she was resident in the United Kingdom at some point in the last fifteen years;

(iii) he or she is a member of the United Kingdom armed forces;

(iv) he or she is employed in the service of the Crown;

(v) he or she is employed by the British Council;

(vi) he or she is employed by a United Kingdom public authority;

(vii) he or she is employed by a designated humanitarian agency; or

(viii) he or she is the spouse or civil partner of a person mentioned in sub-paragraphs (iii) to (vii) above and is residing outside the United Kingdom to be with his or her spouse or civil partner.

(1A) The Minister for the Cabinet Office or the Secretary of State may by statutory instrument define ‘United Kingdom public authority’ and ‘designated humanitarian agency’ for the purposes of subsection (1)(c).

(1B) A statutory instrument containing regulations under subsection (1A) is subject to annulment in pursuance of a resolution of either House of Parliament.”

This amendment is a probing amendment to enable debate on the premise of maintaining 15-year rule with exemptions for certain citizens.

It is a pleasure to serve under your chairship, Ms Ali. The amendment relates to the 15-year rule exemptions. I will make some introductory comments on overseas electors as a whole, in order to put the amendment into context. As a modern, progressive party, Labour is committed to building a truly global Britain and championing our core values of equality, social justice and opportunity for all. All hon. Members will agree that no area of electoral law is more important than the franchise—who gets to vote and is able to participate in our democracy. Overseas electors play a significant role in providing a close connection not only to our European neighbours but to countries across the world, and we must continue to encourage that valuable connection.

Under the current system, British citizens who have moved abroad can register to vote as an overseas elector in the last constituency in which they were entered on an electoral register. British citizens who have lived overseas for more than 15 years cannot register to become an overseas elector. The Opposition are committed to taking radical steps to ensure that all eligible voters are registered and able to use their vote. The issue of extending voting rights for overseas electors is important and must be considered properly.

The extension of overseas voting rights has come a long way since 1985, when British citizens living outside the UK were unable to register to vote in any elections. The Representation of the People Act 1985 introduced new provisions allowing British citizens living overseas to qualify as electors in the constituency where they were last registered to vote before moving. The time limit from 1985 was only five years. In 1989, that was extended to 20 years, before being reduced to 15 years in 2002.

In the 2015 and 2017 general elections, it was a Conservative party manifesto commitment to abolish the 15-year rule and allow British citizens a vote for life in parliamentary elections. Indeed, about three years ago, a private Member’s Bill was tabled by the then Member for Montgomeryshire that would have changed voting rights for overseas electors, but it did not progress in the previous Parliament. Our position has not changed since those debates in 2018: we are committed to building a franchise that ensures that everyone living in, and contributing to, the UK has their voice heard and represented. The current 15-year rule strikes the right balance between allowing expats to maintain strong links with the UK and ensuring the integrity of the electoral process. It means that expats can continue to engage with our democracy for a significant period of time after they have left the UK, but it maintains the balance in our representative democracy by which people who are affected by rules and laws get to decide who makes them.

My biggest concern about the overseas electors section of this Bill is the fact that it could undermine the integrity of our electoral process. Not only does this change threaten to overwhelm our election teams—who, frankly, are already overworked and under-resourced enough—it threatens to allow foreign money to flood into our democracy. Let us be clear: the true motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors unlimited access to our democracy, and allow them to bankroll Tory campaigns from their offshore tax havens. There is no possible justification for changing the law, other than to open a loophole so that donors can continue to funnel money into the Conservative party. For example, the new law will allow one of the Tories’ biggest donors to keep bankrolling the party for life, despite having reportedly lived in the Bahamas for a decade. John Gore has given almost £4.2 million to the Conservative party, making him the Tories’ No. 1 donor, despite his having spent more than a decade away from the UK.

The Conservative party accepted more than £1 million from UK citizens living in tax havens ahead of 2017 through existing methods, as reported in The Times. The new law will remove those barriers, and what angers me most is that in one fell swoop, expats will be granted more flexibility in registering to vote than people who live in this country. If the Conservatives were serious about improving democratic engagement, they would be extending the franchise to 16 and 17-year-olds, as well as concentrating efforts on registering the millions of adults in this country who are not currently on the electoral roll. This Bill allows expats to vote in UK elections regardless of whether they have previously been on an electoral register. It is a free ticket for anyone hoping to fraudulently register in a swing seat, who only require another expat to vouch for them.

[Patrick Grady (Glasgow North) (SNP)]

The hon. Lady can be assured of the Scottish National party’s support for these amendments. It is interesting that she mentioned that many of these voters live in places that are described as tax havens, because when I tabled a written question to the Treasury to ask what estimate it had made

“of the total tax receipts paid to the UK Exchequer by UK citizens registered as overseas electors in each of the last five financial years”,

the Treasury Minister said:

“No estimate has been made of the information requested. HM Revenue and Customs (HMRC) cannot identify individuals registered as overseas electors within tax data.”

That puts quite an interesting spin on the old phrase “no taxation without representation”, does it not? It is very possible that we might see quite a lot of people getting representation without any taxation.

[Cat Smith]

The hon. Member could not have made his point about the loophole that this legislation will create any more clearly, and I agree about the principle of no taxation without representation. It strikes me that there are 16-year-olds in this country who are going out to work and are paying tax, and are affected by things such as the rise in national insurance contributions, who have no say in who their UK parliamentarians are, while overseas electors who live in tax havens will suddenly get free rein. Rather than taking the necessary steps to safeguard British democracy from malign foreign influences, as highlighted in the Russia report, the UK Government are instead allowing even more foreign interference in our democracy.

Turning to the issue of the election teams that register electors in councils up and down the country, the representations this Committee has heard have proven that those teams are already under a lot of pressure. They cannot cope, and if this clause becomes part of the Bill, the impacts on electoral return officers and councils is going to be huge, because the process of registering an overseas elector can take around two hours. If those officers were to see a huge increase in the number of overseas electors registering to vote, at a time when councils already face huge funding cuts and pressures, that would threaten the integrity of our elections as well.

Obviously, overseas electors fall off the register every 12 months, so the vast majority of registration applications occur immediately ahead of a general election, when the pressure on our electoral administrators is already at its most intense. Abolishing the 15-year rule and therefore increasing the number of British citizens overseas who can register to vote would completely overstretch electoral administrators, who are already being pushed to the limit.

I put three questions to the Minister, which I hope she will answer in her response. Do the Government have any indication of how many of the estimated 5 million Britons living abroad would apply to be overseas electors in the run-up to a UK parliamentary election or national referendum if the 15-year rule were removed? How does the Government intend to fund the electoral registration officers for the additional costs that will be incurred by the proposals, and what steps will the Government take to ensure that election teams have the resources and capacity to manage that increased volume of electors? If the Government are so intent on granting votes for life, why do they not focus on domestic voters and grant 16 and 17-year-olds the vote? The Bill will further embed and entrench current laws that prevent 16 and 17-year-olds, either abroad or in the UK, from engaging in parliamentary elections.

I will not speak for long on amendment 79 because it is probing, and I wish to trigger a debate on the premise of maintaining the 15-year rule with exemptions for certain citizens. The amendment attempts to demonstrate that abolishing the 15-year rule entirely is a drastic, extreme move that will flood our democracy with money from overseas and threaten its integrity. Instead of abolishing it entirely, the Minister could exempt certain groups of people from the 15-year rule, with the necessary checks in place. For example, the Minister might want to exempt those who have fought for our country and might lose their right to vote by being away, which seems very unfair. In the same spirit, we may not want those who serve our country in the service of the Crown—some 1% of our civil service are permanently based abroad—to miss out on their chance to vote, nor those working for the British Council, with the services they perform for our nation and standing in the world, or those employed by a UK public authority or a designated humanitarian agency. Will the Minister consider that this approach might achieve her aim of enfranchising expats while still protecting our democracy?

[Kemi Badenoch]

I read the amendment very carefully, and it is a shame so much was put into it because it contains some interesting points that we could discuss with the Opposition given the spirit of what they are trying to do. I recognise it is a probing amendment as well. Unfortunately, the way the amendment has been worded would completely undermine our manifesto commitment to scrap the 15-year time limit on British citizens voting from overseas. I reiterate that we intend to deliver votes for life and extend the franchise for UK parliamentary elections to all British citizens living overseas who have previously been registered in the UK, and extending the franchise to those people sets a sensible boundary for the franchise for those who have a strong connection to the country.

Given that we have been talking about fraud and ensuring that the franchise is protected, proposed new paragraph (c)(ii) is interesting, and I would have liked to have spoken to the hon. Lady about it. I know these amendments came in fairly late and perhaps we might be able to discuss what she is seeking to achieve there.

However, the additional conditions set out in the amendment would weaken the sensible boundary I mentioned and exclude a large number of citizens with a deep relationship with the UK, so we cannot accept the amendment for that reason. Most British citizens overseas retain those deep ties: many still have family here; some will return here; many will have a lifetime of hard work in the UK behind them; and some will have fought for our country in the past but are no longer a member of the armed forces. We can see the strength of their continuing connections in the passion of the campaigns for votes for life. The amendment purposely excludes the voices of those who have deep ties and wish to participate in our democracy, but through no fault of their own do not meet those strict conditions.

[Patrick Grady]

The Minister is speaking of the deep ties that people who have lived away from this country for more than 15 years continue to maintain. Given that the Treasury told me it has not made any estimate of and “cannot identify” individuals registered as overseas electors within tax data, does she think that, once the system is up and running, some kind of survey, canvass or random sample might be worthwhile? That would help us understand the demographics and nature of those electors. Perhaps, as part of that survey, there could be an assessment of what tax those people pay to the UK Exchequer.

--- Later in debate ---

[Cat Smith]

I feel that the Committee has already heard my views on this clause, so I have nothing further to add.

[Patrick Grady]

I do not have much to add, because I think the matter has been dealt with pretty well in debates, and in the evidence sessions. I reiterate that UK voters do pay tax if they live here, because they buy things and pay VAT, so there is a point about taxation and representation. I appreciated the Minister’s earlier comments, and I hope for a little more analysis of exactly how people who have lived away from this country for a long time and can now vote will do so.

Engagement with overseas electors is valuable. I have a small number registered in Glasgow North, and they will sometimes offer quite valuable perspectives. Perhaps one of the takeaways from this is that we can all organise Zoom surgeries for our overseas electors. SNP Members will continue to do our best to increase the number of overseas electors in the UK Parliament, largely by making Scotland an independent country, and then people who live in Scotland who want to register as overseas electors for elections to the UK Parliament will be able to do so.

[Alec Shelbrooke]

On that basis, will Scottish residents living in England be able to vote in any possible future referendum?

[Patrick Grady]

I think that may be outwith the scope of the Bill, although I will speak later about encroachment into devolved matters. There was some call for what the right hon. Gentleman suggests, but it would be difficult for the Scottish Parliament to legislate for it. We have a legislative framework here that defines an overseas elector, and that would not apply to people who live elsewhere in the United Kingdom, but I can see from the Chair that this is definitely outwith the scope of the Bill, so I will leave it at that.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Schedule 6 agreed to.

Clause 11

Voting and candidacy rights of EU citizens

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Government amendments 8 to 20.

That schedule 7 be the Seventh schedule to the Bill.

Government amendment 7.

[Cat Smith]

The Labour party strongly believes that all those who are subject to local laws and politics have a claim to political representation. Essentially, anyone who lives in a local area and uses public services should have a say in how they are run. That fits with our arguments on overseas electors. Anyone who has lived outside a country for a substantial amount of time can no longer claim to have such a close connection.

Although the Labour party welcomes efforts to ensure that some UK residents from the EU will retain their voting rights, we do not think that the provisions go far enough. At present, citizens of European Union member states resident in England and Northern Ireland are automatically granted voting and candidacy rights in local elections, Northern Ireland Assembly elections and police and crime commissioner elections by virtue of being EU citizens. The rights granted to EU citizens in the United Kingdom were reciprocated, so that UK citizens living in EU member states were also granted local voting and candidacy rights in their respective countries.

Now that the UK has left the European Union, and with the ending of free movement, the basis for an automatic grant of voting and candidacy rights to a European citizen of course no longer exists. Correspondingly, individual EU member states are now able to set their own rules for local voting rights with reference to resident UK citizens. I put on record that the Labour party would like to see measures to ensure that citizens from countries that already unilaterally grant local electoral rights to British citizens resident there are granted local electoral rights in England and Northern Ireland, regardless of whether the UK has negotiated a bilateral treaty with that country.

Luxembourg citizens resident in the UK can vote in England and Northern Ireland local elections, whereas Dutch citizens cannot, even though British citizens resident in both Luxembourg and the Netherlands have local electoral rights in those countries. Since the Secretary of State already has the power to remove from the list a country that ceases to be party to the relevant bilateral treaty, they should similarly have the power to remove countries from the list when the local electoral rights of British citizens in that country are unilaterally removed.

Although the Labour party welcomes efforts to ensure that some UK residents from the EU retain their voting rights, we do not think that the provisions go far enough. We emphasise that people who live here, who contribute to society in a broader sense than just through paying taxes, and who stand to be affected by the outcomes of any electoral process, should have the right to vote. That principle is already active in UK electoral law as it relates to overseas voters.

[Patrick Grady]

It is regrettable that the Government have had to table such a substantial number of technical and drafting amendments. It goes back to the point that we made yesterday about what could have been achieved had there been a comprehensive programme of prelegislative scrutiny and a bit more preparation before we launched this parliamentary phase of scrutiny of the Bill, but there we go. I agree with the Labour Front-Bench spokesperson that the Government could have applied a far more generous approach to the franchise here—the approach being taken in Scotland to next year’s local elections. It is in line with the basic principle that was articulated: if someone lives in an area, is affected by the decisions made by the local authority, and is legally resident, by and large they will have a vote.

Some of that is reflected in the new clauses that we have tabled on UK parliamentary elections, but the Scottish National party has not tabled amendments to the provisions we are considering, because we recognise that they affect local elections in England and Northern Ireland. We respect the devolution settlement. Just as we would not expect the UK Parliament to legislate on matters that are devolved to the Scottish Parliament, though it increasingly does, we do not seek to amend this part of the Bill, because it affects local elections. We are, however, disappointed that the more generous and wider application of the principle of franchise has not been applied. It will be a loss to democracy in this part of the world, and to residents who will be affected by decisions over which they will have no say.

Elections Bill (Eighth sitting)

Patrick Grady Excerpts

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[Cat Smith]

I thank the Minister for her remarks and echo the fact that for many of us, our politics and our faith are entwined. Indeed, our faith backgrounds often influence our politics and guide our values, so I am glad for her clarification and remarks.

The report that she highlighted recommended improvements around the existing corrupt practice of undue influence, which is subject to an offence designed to protect electors from malicious interference and intimidation. The main purpose of the clause is to clarify the activities that constitute undue influence in order to make the legislation easier to interpret. For that reason, the Opposition will support it.

We are pleased that Ministers backed away from creating a new offence, given that the existing criminal law is perfectly capable of dealing with intimidation and harassment. The enforcement of the law is the problem, and an update of section 115 of the 1983 Act, which, as the Minister pointed out, originated in the 19th century, is long overdue.

Although we welcome the clause, it is just a small step forward. We are disappointed not to see the comprehensive and joined-up reform of electoral law that is required.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Schedule 4 agreed to.

Clause 8

Assistance with voting for persons with disabilities

[Patrick Grady (Glasgow North) (SNP)]

I beg to move amendment 60, in clause 8, page 11, leave out lines 16 to 27 and insert—

“(a) in paragraph (3A)(b), for ‘a device’ substitute ‘equipment’;

(b) after paragraph (3A)(b) insert—

‘(c) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote in the manner directed by rule 37.’;

(c) after paragraph (3A) insert—

‘(3B) In paragraph (3A)(c), “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of a disability.’”

This amendment would retain the requirement for returning officers to make specific provision at polling stations to enable voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion and change the nature of that provision from “a device” to “equipment”.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Patrick Grady]

It is a pleasure to serve under your chairmanship, Ms Ali.

The amendment, which was tabled in my name and that of my hon. Friend the Member for Argyll and Bute, is pretty straightforward and simple. It preserves and enhances current provisions and protections for blind and partially sighted people, while incorporating the Government’s new provisions for people with all other kinds of disabilities to be fully supported when casting their vote. The 1983 Act, as amended, provides that:

“The returning officer shall also provide each polling station with—

(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted”.

I am sure that we are all familiar with seeing the big ballot papers up, and I think that they are probably a help for most voters going into the polling station, irrespective of whether they are partially sighted. The Act states that the returning officer shall also provide:

“(b) a device of such description as may be prescribed for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion”.

Clause 8 removes subparagraph (b) and replaces it with a more general requirement for returning officers to provide

“such equipment as it is reasonable to provide for the purposes of enabling, or making easier for, relevant persons to vote in the manner directed by rule 37.”

During the oral evidence sessions, the previous Minister, the hon. Member for Norwich North (Chloe Smith), argued that the provision expands and enhances the duties of returning officers and will not diminish the support currently available for blind and partially sighted people. I suspect her successor will say the same. That does not necessarily reflect the reality on the ground. Even with the current RPA requirements, the Royal National Institute of Blind People estimates that four in five blind people cannot vote independently and in secret. Its researchers found that 46% of blind and partially sighted people—less than half—are satisfied with their experience of voting, and at polling stations nearly two thirds of blind people, 61%, and a third of partially sighted people, 32%, had to get another person to help them to vote.

I am sure that Members have read the written evidence submitted to the Committee by the RNIB—EB04—which contains some quotes from respondents to the survey and research that the RNIB has carried out. One says

“The lady had to read out the candidates to me and point out the one that I wanted to vote for. It was slightly humiliating… Don’t get me wrong—the ladies were lovely and kind but it wasn’t secret or independent.”

Another said:

“I usually have my partner with me to help, which makes things easier, but today I was alone, which made me realise just how dependent I am on others. Very negative from start to finish.”

That evidence went on to say:

“In 2019, a Judicial Review found the Government’s current provisions to support blind and partially sighted voters unlawful, with the judge describing existing provisions as ‘a parody of the electoral process’ because of the inability for voters to review the ballot paper independently using equipment provided and then make their mark.”

That is 150 years since the Ballot Act 1872 provided for everyone to have the right to vote in secret.

I suspect that we will hear from the Minister that the Cabinet Office—well, it was the Cabinet Office, but perhaps it is now the levelling-up Department or whoever is in charge—or the Government collectively are engaging with the RNIB to update the technology to improve the provisions. That is great, and that is a simple matter of fact: they are working with the stakeholders and that is welcome. However, the same stakeholders are clear that the Bill as drafted represents a diminishment of the current rights afforded to blind and partially sighted people.

--- Later in debate ---

[Patrick Grady]

The Minister said that the Government are not removing existing protections, but that is exactly what they are doing. They are literally removing the existing provisions in the RPA and putting in a different clause. She said that the amendment would be needlessly prescriptive, but the amendment simply retains the current legislation and the language that is currently in the Bill, thanks to the ingenuity of those who helped us to draft the amendment.

As all Opposition Members who have spoken have said, the concerns are raised clearly by the RNIB. I refer again to the written evidence that it submitted. In paragraph 2.7 it said that

“in the revised wording proposed, an individual returning officer could in theory decide that even the tactile voting device is not ‘reasonable’ to provide, lessening the accessibility of voting even compared to today.”

To the point that the hon. Member for Lancaster and Fleetwood made, the RNIB also said:

“Moving the decision regarding what adaptations to provide to returning officer level would result in even more of a patchwork of provision and make it very difficult for blind and partially sighted people to know what to expect and to obtain the adjustments they need, damaging the ability to vote independently even further.”

The amendment would retain the Government’s wording and what is in the existing legislation, so we are providing a double level of support for blind and partially sighted people, and other people who require specific reasonable adjustments. I did not quite catch what the Minister said in response to the intervention on whether she had met with the RNIB. It is understandable that she is new in post and has not had time to meet with it, but I hope that she was not saying that she would not meet with it in future. I hope that she will give an undertaking to do so.

I am disappointed that the Government are not supporting the amendment, and I think that blind and partially sighted people who are following these proceedings would also be disappointed if we did not test the will of the Committee by pressing the amendment to a vote.

Question put, That the amendment be made.

Elections Bill (Seventh sitting)

Patrick Grady Excerpts

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[The Chair]

Before we continue the debate, I echo what the Minister said on behalf of all members of the Committee about our colleague Sir David Amess. I entered Parliament with him 38 years ago, with over 100 MPs. Many of them rose to great distinction; at least two became Prime Minister. Sadly, there were only three of us left from that intake, and there are now only two. I say to Back-Bench Members that the career of David Amess shows that it is wonderful to be a Member of Parliament and to be a Back Bencher, even for your whole career, so keep campaigning, intervening and talking about the causes that you hold dear.

[Patrick Grady (Glasgow North) (SNP)]

I was inspired to say a few words, not least by your intervention, Sir Edward. I pay tribute to both Sir David Amess and James Brokenshire, whom I held in the highest regard. I express my condolences to everyone affected by their loss, and may they both rest in peace.

I was also inspired to speak by the contribution from the hon. Member for Devizes about people who, when we are out doing our knock-ups on polling day, say, “I’ve forgotten my poll card.”

[Danny Kruger (Devizes) (Con)]

Peterborough.

[Patrick Grady]

I do beg your pardon—it was the hon. Member for Peterborough. They will need to fix the lighting for the next round of parliamentary photographs. I do apologise, but the point stands that it is an experience that we have all had. We knock on the door and people say, “I’ve lost my poll card. How can I vote now?”. Currently, we can reassure them by saying, “You don’t need your poll card. Simply identify who you are and your name will be ticked off the list.” That shows the attachment that people have to their poll card. A lot of people think that their poll card is required as a form of ID to vote. As campaigners standing at polling stations, we see people turning up to vote and bringing their poll card with them because of the attachment that they have to it as a document. It helps to inspire their right to vote, so in that sense it works in both directions.

Now when we are on the doorstep, we will have to say to voters, “You need to bring a form of identification with you to vote.” Under the schedule, that has to be a particular form of voter identification. If we were able to say, “You’ve got your poll card. That’s great. You can take that down. That will verify your identity and you’ll be able to take part in the poll,” that would make it even easier for people to comply with the legislation that is under consideration.

On the notion that people could go around harvesting poll cards from university dockets—not to go back to the original clause, Sir Edward—we have heard that instances of that are extremely few. It is already a crime. If someone turns up with more than one poll card, that is personation. I have every faith that in our current electoral system, individual polling clerks will realise, if a voter turns up with two cards, that they are only one person, and they will not be allowed to cast two votes. They would there and then be done, and were it determined that a candidate had been responsible for encouraging them to do that, the candidate would be disqualified from the election.

The amendment, and those that we will discuss shortly, would help as many people as possible to comply with the new requirement that people have a form of identification in order to cast their vote. Opposition Members are trying to expand people’s opportunities to comply with that requirement, and the Government’s opposing it demonstrates what the real intent is behind the clause and the Bill as a whole, which is to make it more difficult for people to vote, which is a dangerous route to go down.

[Fleur Anderson]

I echo your words, Sir Edward, and those of the Minister, about Sir David Amess. I send my sincere condolences to his family, his staff and his constituents. We all feel his loss greatly. Sir David chaired many debates that I took part in. As a new MP, I do not know an enormous number of MPs, but I felt that I knew Sir David, so that was the measure of him.

I am disappointed that the Government will not accept the amendment, but I urge the Minister to please look into and assess the impact on voting when the Bill comes into force. It will have a big impact. Can we please continue with the pilot so that we can assess the impact of not being able to use a polling card, and keep the door open to make sure that there is the potential for everyone to vote by using a polling card?

Question put, That the amendment be made.

--- Later in debate ---

[Kemi Badenoch]

The amendment would allow a voter to use a utility bill, a debit or credit card or a birth certificate as a form of identification under the new system being introduced by the Bill. I disagree with the hon. Lady’s arguments. The threshold for picking up parcels should not be the same as for voting, which is far more important.

[Patrick Grady]

One of the key arguments for introducing the principle of voter identification was that people needed to show ID when they were picking up a parcel from the post office. These are precisely the kinds of identification that people need to pick up a parcel at the post office. I understand the argument that people might go around harvesting poll cards, but is the Minister seriously suggesting that there is a lot of harvesting of bank cards and birth certificates going on that would make these really unreliable forms of identification at a polling station?

[Kemi Badenoch]

What the hon. Gentleman has said does not negate my argument. We are talking about the threshold and we are talking about photographic identification. All these things might meet the threshold for picking up a parcel, but we are making the threshold for elections tighter than that. I made the same arguments when talking to amendment 54.

--- Later in debate ---

[The Chair]

Thank you for that speech.

[Patrick Grady]

I just want to expand slightly on the point I made in my intervention. If the opposition to the use of poll cards in the discussion on the previous amendment was because of the risk of harvesting and the lack of verification to go with the issuing of a poll card to ensure it matches the person who is carrying it, I do not see how that argument can be applied to the forms of identification listed in the amendment from the Labour party. All those require some form of external verification and, in many cases, someone else to verify the identity and the physical appearance of the person being identified in the document in question—unless there is evidence that we have not heard during our discussions: about the mass forgery of birth certificates, marriage certificates, paper driving licences or adoption certificates.

In fact, in many cases the forgery of such documents is already a crime, so if someone were to try to impersonate another voter by producing a forged or stolen birth certificate, they would be guilty of two crimes: personation under the existing electoral registration measures and forging important documents.

Perhaps the Minister and hon. Members who oppose the amendment are starting to question the integrity of all the organisations listed in the amendment who issue these forms of identification, such as banks and building societies who issue mortgage statements.

[Aaron Bell]

I thank the hon. Member for acknowledging the force of our arguments on the previous amendment, which of course he voted for. Is it not the case that people could still vote for others in their own household? That is of concern to Government Members. For example, if someone knew that their son would not vote, they could happily take one of those identity documents with them—they have no photos on them—and present themselves at the polling station. Without that check from photographic identification, security is still threatened.

[Patrick Grady]

I am sorry—they absolutely could not. First, I do not accept the force of the previous argument, although I accept the Committee’s decision to reject the amendment. Secondly, there is no way that someone from the same household could turn up because, by definition, they would be voting at the same polling station with the same polling clerks and with the same party candidates and activists standing outside. If one person turned up with two birth certificates, utility bills or whatever, that would be a clear case of personation. I have sufficient confidence in the integrity of our current system to trust the poll clerks on duty in a station to identify that same person from the same household trying to vote on behalf of two people.

I find it slightly ironic that my parliamentary pass, issued to me by the House of Commons on account of my being elected three times by the electors of Glasgow North, lets me get on a plane, and I can cast votes on legislation with it, but I do not think it is good enough to vote in a general election under the Bill. I am therefore happy to support the Labour party’s amendments.

[Fleur Anderson]

We would like to press the group of amendments to a vote, if it is possible to vote for them together.

--- Later in debate ---

[Kemi Badenoch]

We believe that the amendment is unnecessary. The Bill already outlines that there must be three evaluations of the effect of a requirement to show identification on voting, and those will consider the effect of the new policy on electors’ applications for a ballot paper. Committing to further evaluations annually and in perpetuity would be disproportionate and an inappropriate use of taxpayers’ money.

The Government will consider how best to gather information relating to the impact of the policy on all parts of the electorate. Although some data will be collected at polling stations under new rule 40B, and used for evaluations, it is important to note that it would be inappropriate to collect information on protected characteristics at the polling station directly. Electors would not expect to have to answer questions about their race, sexual orientation or gender identity before receiving their ballot and might not feel comfortable doing so. We will consider how best to gather that information without such intrusion.

[Patrick Grady]

This is a very reasonable request from the Opposition. One of the most robust evidence sessions we had was when we discussed the impact of the Bill on minority groups and people with protected characteristics. I would have thought it would be in the Government’s interests to try to gather evidence to show the minimal impact—or indeed the positive impact—they expect the Bill and the requirement to show voter identification at the polls will have on those groups.

The Labour party makes a perfectly reasonable request. As the Minister said, there is already a certain amount of evaluation built into the Bill; an additional round of evaluation is not going to cause too much difficulty. No one is suggesting that people should be quizzed before the ballot box. There are perfectly acceptable and valid ways to conduct research, at academic or Government level, without having to put people under pressure at the moment they are carrying out their votes. We have seen some of that research already, as some of it was commissioned to help inform the Bill. The Opposition are entitled to make the points they have and can expect our support if they push the matter to a vote.

[Fleur Anderson]

This is the third Public Bill Committee I have taken part in, and no amendment has yet been accepted. I tabled 200 amendments to the Environment Bill. Hoping against hope, even when I stood up for the last time to speak to the 200th amendment, I thought that might be the one to be accepted. What is the point of sitting in Committee, going through a Bill line by line, for the Minister to say, “Don’t worry—we are going to look into this”?

There are ways to find out the impact on different parts of the electorate. There are definitely ways to find out the impact very quickly after an election, so that we can learn as we go on and prepare for the next election. I am very disappointed that this measure will not be taken up. It leaves the electorate wondering what the Government have to hide.

--- Later in debate ---

[Fleur Anderson]

We will vote to remove the requirement for the reapplication for postal voting every three years and return to the status quo of postal votes lasting an indefinite period, because we believe that the requirement is disproportionate, costly and confusing. We strongly oppose moves to force those using a postal vote to reapply.

Clause 2 is another Government provision that has left me scratching my head and very concerned. These pointless changes will make the process of voting more complex and bureaucratic, forcing lifetime postal voters to reapply every three years. The Minister may think that mandating re-registration every three years is making our electoral system more secure from postal vote fraud, but that is mistaken and based on flawed assumptions about where postal vote fraud is happening. It is at variance from what we heard in evidence.

In evidence, we heard about the highly concerning case of postal vote fraud in the 2004 local elections in Birmingham. However, the main concerns raised by the commissioner included the deadline for postal voting packs being close to the election—six working days before—and the lack of checks on whether applications were made by the named voter, which made it difficult to detect fraud. Clause 2 does not address that.

Following that case, the Electoral Commission made a number of recommendations, including using personal identifiers for postal votes, moving the deadline for applications from six to 11 working days before polling day and making falsely applying for a postal vote an offence. The Electoral Administration Act 2006 was passed by the Labour Government in response to criticisms and has addressed a number of those concerns already, including a system of personal identifiers for postal ballots. What is the evidence that clause 2 will address the postal fraud that has been identified in the cases about which we have heard? The measure is not based on good evidence.

The second thing we are deeply concerned about is that the changes will reduce flexibility for voters and risk imposing yet another barrier to voting, which damages our democracy. Ministers should direct their energy towards changes that make voting easier, not putting up barriers. The change will suppress voting and erase the positive improvement in postal voting seen during the pandemic. It is unnecessarily bureaucratic.

We have seen a gradual rise in the use of postal voting over recent years, as an easy and flexible alternative for those who prefer not to visit the polls in person, even more so during the pandemic. In 2001, 1.8 million postal votes were issued; in 2012, 6.3 million; and at the last general election in 2019, 7.3 million postal votes were issued. As has been mentioned, in his review, Lord Pickles concluded that

“the availability of postal voting encourages many legitimate electors to use their vote effectively”.

But forcing people to keep reregistering so frequently—too frequently—could risk disenfranchising people who are not aware until it is too late that the rules are changing and that they need to reapply for their postal vote, when they have only had to do it once before. Changing the rules is confusing.

We oppose moves to change the law to limit who can hand in postal votes at polling stations. That change could create barriers for some voters who genuinely need assistance. My other concern is the sheer cost; as we mentioned, the Cabinet Office’s own impact assessment published with the Bill estimates the cost of the new requirement for postal voters to register every three years rather than five at between £6 million and £15 million. This will cost millions of pounds, and do we even need it? That estimate is in addition to existing costs and is based just on the cost of sending out the additional letters, let alone the extra administration and advertising costs. Can the Minister explain how she will pay for those additional costs?

There is also a capacity issue for local councils. It will inevitably prove hugely burdensome on local authority election teams, who are already overburdened and under-resourced. The Association of Electoral Administrators agrees with that assessment. It believes that reapplying for a postal vote every three years rather than five will bring an “additional burden to Electoral Registration Officers, creating more regular peaks of demand.”

There is the confusion between different election systems in the devolved nations Currently, neither Scotland nor Wales has diverged from existing legislation on postal voting. Postal votes on demand are available indefinitely, as they currently are in England, and signature refreshes are also required every five years. If the current measures in the Bill are approved, a complex, messy system of divergent requirements for different sets of elections will be created. I cannot imagine having to explain that multiple times on the doorstep, and for councils to have to explain that: one local election will be like this, but a general election will be like that. It will be very confusing.

Confusion stops people voting and gets in the way of our democracy. For instance, someone who has chosen to vote by post permanently in Scotland and Wales will be required to reapply every three years for their postal votes for the UK parliamentary elections, and will also separately be required to refresh their signature for postal votes in devolved elections every five years. It will create a huge administrative and bureaucratic nightmare that will be highly confusing for voters, who do not look in as much detail as we do at postal votes and when to sign for them and apply for them. I have yet to hear the Minister’s solution to that, and I hope to hear it now.

The clauses are pointless and arbitrary; they will not achieve what the Government is setting out to achieve. As usual in the Bill, they are disproportionate. There is very little evidence that they are necessary. They will hit the already disenfranchised the hardest. They will cost the taxpayer millions of pounds, pile the pressure on our already overstretched electoral staff and conflict with the frontline service delivery of our local councils. I urge colleagues not to let the clauses stand.

[Patrick Grady]

I will echo many of the hon. Lady’s points. The renewal of a postal vote comes up on an annual basis when the check of who is registered at the household comes through the post. It indicates whether electors are postal voters. If they wanted to change at that point, the opportunity would be there. But the Bill is putting on a separate new requirement. When a voter moves house, a fresh check is done—I know that from recent personal experience. When a voter moves house, they are asked to reapply for a postal vote at their new address.

The move to expand postal voting over the years has undoubtedly helped to increase turnout and participation. The Labour spokesperson explained that, where there have been difficulties, measures have been taken to stop them. That is not an argument to make it more difficult in general for people to apply for and exercise the right to vote by post.

The point about the risk of procedural complication is particularly acute. There is an interesting question about why the renewal has been set for every three years rather than every two, four or five years. Maybe the Minister can explain the evidence base for that when summing up, because that would help to align it with the parliamentary cycle of elections, although there is no cycle of elections at the moment—they are just happening on an almost annual basis. The effect of that is the real risk of someone who thinks they are registered for a postal vote actually being caught out because their postal vote expires while they are away for whatever reason has already inspired them to apply for a postal vote. They may then find that yet another snap election has been called and they are left effectively disenfranchised.

I echo the point about divergence across the United Kingdom. My hon. Friend the Member for Argyll and Bute and I have no problem with divergence. We have a solution to people in Scotland getting confused about voting in Westminster elections, which is to stop that from happening and for Scotland to be an independent country. If Members on the other side of the House and indeed our good friends on the Labour Front Bench do not want that to happen, perhaps they need to think about the divergence and different franchises that are being established across the United Kingdom, and about the different voting systems and the increase in differences. Quite how that makes a case for a strong and stable Union—well, it is not a case for me to make. We fully support the Labour party in opposing this clause and I look forward to hearing how the Minister responds to the points.

[Paul Bristow]

In response to some of the points made by the hon. Member for Putney, I would argue that this change is perfectly reasonable. If someone is trying to renew something as precious as their postal vote, it is perfectly reasonable to be asked to do that every three years. As it happens, I personally think it should be done every year. Households have to renew who is on the electoral register every year. It is not that much of a leap to apply yearly for something as precious as a postal vote. This is a perfectly reasonable request.

I would like to draw Members’ attention to the evidence we heard from the chief executive of Peterborough City Council. It was argued earlier that some of the restrictions about who could hand in postal votes to a polling station were unreasonable. I would ask, what is reasonable about people walking up to polling stations, indeed to the town hall the night before, with plastic bags full of postal votes?

--- Later in debate ---

[Cat Smith]

The official Opposition rise to support that clause 3 stand part of the Bill. Indeed, the advice given by the Electoral Commission is also issued by the Labour party to our own activists, in terms of the rules by which we guide our canvassers, campaigners and candidates not to handle postal vote documents from electors when out canvassing. Fraudulently applying or tampering with or using someone else’s vote—postal vote personation—is already a criminal offence in electoral law; and a person convicted of personation or postal voting offences, which are corrupt practices, can be disqualified from standing for and voting in elections for five years. This proposal is in line with the advice that we give our campaigners and activists already, so we will not oppose clause 3.

[Patrick Grady]

Again, I just want to echo the points made from the Labour Front Bench. This is advice that I think all of us identify as best practice. All of us want to ensure the integrity of the system when we are out and about canvassing our voters, and particularly on polling day, as regards the handling of postal voting documents. I just think it is interesting that we can find points of consensus, and perhaps as we go through the Bill we will find some others. It slightly speaks to points that were raised in evidence and on Second Reading about the need for a far more far-reaching and comprehensive review of electoral legislation, and that is precisely the kind of thing that might have been achieved by more effective prelegislative scrutiny—by a draft Bill and a draft Bill Committee that would have heard from a wide range of stakeholders, that would have taken place over a longer period and that would really have come up with the comprehensive electoral legislation reform for which we have heard there is a need. We all welcome this provision, and we want to see this particular clause proceed, but it is a pity that it is couched among so many other things that we find objectionable and will continue to object to.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Handing in postal voting documents

[Cat Smith]

I beg to move amendment 69, in clause 4, page 8, line 27, at end insert—

“(6) The Secretary of State may not make any regulations using powers under this section unless they have first undertaken a public consultation on a draft of those regulations for a period of not shorter than 28 days.”

This amendment would require the Secretary of State to conduct a public consultation for at least 28 days before making regulations by virtue of Clause 4 of the Bill.

--- Later in debate ---

[The Chair]

Does Patrick Grady wish to comment?

[Patrick Grady]

I would, Sir Edward, seeing as I have been so kindly invited to. Conservative Members are clearly enjoying this riveting debate and it is great to see them engaging with such force and alacrity, as someone used to say. We agree with the points made by the Labour Front Bench. There is a legitimate difference to be made between political operatives such as ourselves, who are trained—or at least ought to be trained—in the process of going out and canvassing and handling electoral documents, and the wider public, who perhaps need to understand a little bit more about the detail.

--- Later in debate ---

[Kemi Badenoch]

The purpose of the clause and associated schedule 3 is to strength the current arrangements for proxy voting. Currently, someone can act as a proxy for up to two electors and an unlimited number of close relatives in any constituency in a parliamentary election or any electoral area at a local election. That can give rise to situations where an individual can harvest and cast many proxy votes over which they may have inappropriate influence. It may lead to someone being coerced into appointing a proxy who could then effectively steal their vote.

The Bill introduces a new limit of four on the total number of electors for whom a person may act as proxy in UK Parliament elections or local government elections in England. Within this figure of four, no more than two may be domestic electors—that is, electors who are not overseas electors nor service voters. All four may be overseas electors or service voters.

The approach will tighten up the rules on proxy voting while also providing appropriate support for overseas electors and service voters wishing to appoint a proxy. It will be an offence for an elector to appoint a proxy knowing that the person they are selecting as proxy is already appointed as a proxy for the permitted number of electors. An appointed proxy will also be guilty of an offence if they vote as proxy for more than the permitted number of electors.

Of course, these provisions have been developed to ensure that there are no gaps for those already voting by proxy. Under the Bill, there will be transitional provisions for existing proxy voters, so that they will have advance notice of the change. The current proxy voting rules will continue until a date to be specified in secondary legislation. At that point, electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules. Electoral registration officers will be required to send a reminder to existing proxy voters in advance of the date they cease to have a proxy vote, and to provide information on how to reapply for a proxy vote.

The Bill will also amend the eligibility requirements to act as a proxy at elections in Northern Ireland by providing that a person must be registered in a register of electors to be eligible to act as proxy. Currently, a proxy is not required to be registered but must meet age and nationality requirements. That will bring elections in Northern Ireland in line with proxy eligibility in Great Britain.

The measures will reduce the risk of fraud and reassure voters that appropriate safeguards are in place to protect the integrity and fairness of the proxy voter system. The clause will prevent an individual from casting a potentially unlimited number of proxy votes, over which they could have inappropriate influence.

[Patrick Grady]

I have a couple of questions. The Minister said that it will be an offence if a person knowingly asks to be their proxy someone who already holds the maximum number of proxy votes. How on earth will that be determined? Is there any risk of people being prosecuted when they have, in good faith, asked someone who, whether on purpose or accidentally, is acting in bad faith by securing more proxy votes than the statute allows?

Where did the figure of four come from? Why not three? Why not five? Why not some other figure? What research has the Minister’s Department carried out to determine that four is the optimal and safely manageable number of proxy votes? Is there any evidence that if someone has four proxy votes, they are probably not carrying out personation or any other kind of voter fraud, but if they have five, there is clearly criminal intent, and they must be punished to the full standard of the legislation?

We accept that there is a certain issue around the management of proxy votes, as we heard in evidence, but we need from the Minister a robust defence of the necessity for the provisions. I look forward to hearing that before we determine whether the clause should stand part.

[The Chair]

Does the Minister wish to reply?

Elections Bill (Sixth sitting)

Patrick Grady Excerpts

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

[Cat Smith]

I am glad to have provoked this debate. I suppose I was thinking about my own constituency office, which is not shared with a political party. When we receive our budget from the Independent Parliamentary Standards Authority, it is very clear that we are not meant to use our IPSA-funded office for party campaigning, and that was very much in my mind. But are we not trusted parts of our community? We sign passport forms and verify identities in other ways. It is meant to promote the idea that we are those trusted individuals, and perhaps we could make it more accessible on an individual level.

[Patrick Grady (Glasgow North) (SNP)]

The hon. Lady makes the point that it is not uncommon for any of us to verify a passport application for our constituents. All that we are verifying in that situation is a likeness, and the amendment only refers to applying for ID cards at our offices. I do not think anyone is suggesting that MPs’ offices would be issuing them.

The other commendable aspect of the amendment is that it links to a discussion that we will get to later in our scrutiny of the Bill, about automatic voter registration, and that is about being able to apply to vote in the first place. For those of us that want to promote that principle, it makes sense that if we have to accept that voter IDs will be issued, they should be made as accessible as possible, precisely to achieve the kind of increase in participation that everybody seems to agree is worthwhile.

[Cat Smith]

I agree wholeheartedly with the points made by the hon. Gentleman. Will voters be able to apply for electoral IDs online, regardless of who they are applying to or who is printing it? Will the application form be available online or will it be paper-only? Does the Department have any expectation of how long an application process will take? Will there be any minimum standards? Will the ID card be delivered to the elector’s home address, or will they have to come in person to collect it?

The amendment not only demonstrates the importance of making free electoral ID cards as accessible as possible, but gives us the opportunity to explore whether local authorities have the capacity to administer those IDs, on top of administering the election, given the backdrop of cuts to local authorities over the last decade. A point was made earlier about councils administering other forms of identity documents, but in two-tier council areas that is not always the case. In Lancashire, for example, the county council administers blue badges, but the borough or city council—the second-tier council—would administer electoral IDs. It is important to recognise the diversity across these islands in the way that local government is organised, because there are slight differences and responsibilities lie in different places. As we see the patchwork of devolution in England develop, we shall increasingly see local authorities having very different powers.

Returning to the amendments, local authorities need to have clarity about what they are being asked to do and how that would work. Is there any opportunity to ask other public bodies to support their work, in order to take the burden off our electoral administrators? The Association of Electoral Administrators has already expressed its concern about the huge burden of such a technical administrative task being placed on already overstretched local authorities. Local authorities are being expected to deliver photo ID cards, alongside the additional burden of registering millions of new overseas electors, on top of boundary changes. That is an awful lot of work.

Can the Minister understand the concern here, and will she provide some assurances to our dedicated electoral returning officers up and down these islands? Voting should not be a postcode lottery; there should be equality wherever we are. We must see measures introduced to ensure that obtaining an elector card is as easy as possible. These may include expanding the number of locations at which voters can obtain a card and measures to ensure consistency in administering the scheme in different locations.

--- Later in debate ---

This is about much more than just value for money and shock-proofing. It strikes at the heart of what we are here to discuss: the integrity of our electoral system.

[Patrick Grady]

This is an incredibly valuable amendment, and the hon. Lady can be sure of the SNP’s support if she presses it to a vote. We have seen in recent months the Government handing out private contracts in a quite relaxed way to people they are particularly friendly with. That is absolutely the last thing we would want to see happen in the production of voter ID cards.

[Fleur Anderson]

I thank the hon. Member for his intervention. Trust in outsourcing has recently been shaken among the electorate and constituents. Building it into the Bill would be a mistake.

The voter ID card will be an individual’s ticket to democratic participation, which is their voice; it is sacrosanct. It is therefore a process that the Government and the public sector must retain control of. Otherwise, we risk undermining trust in the entire system.

--- Later in debate ---

[Cat Smith]

I am aware of those comments. Perhaps my amendment gives the Minister the opportunity to confirm that it is her intention to keep to the commitment made by the previous Minister.

The free ID cards will be the linchpin upon which all the Government’s arguments rest. Every time the Minister, or her predecessor, was asked about voter ID plans, I have had it explained to me that everyone will be able to access the free ID cards. In July 2020, the House of Lords Select Committee on the Electoral Registration and Administration Act 2013 recommended that the Government needed to

“clarify how local elector cards will be funded and how it will ensure that local elector cards are easily accessible for everyone who needs one.”

In the Committee’s view,

“local elector cards will be crucial to ensuring that voter ID does not deter or prevent any eligible elector from voting.”

We are yet to hear any clarification from the previous Minister or the Minister on these matters—I appreciate that the Minister is only a few days into this role. The Bill does not contain any information about how the process will work.

I have a number of questions for the Minister, and I hope she will be able to respond. She said that the free ID cards issued by a local authority would be valid in other local authorities. For instance, if someone registers in Westminster but then moves to Lambeth, their ID card would still be valid for elections there. How would that work for anonymous electors who, instead of having a name on a polling card, have a polling number? Would they be the exception? For instance, victims of domestic violence who appear anonymously on the electoral roll will not have their names on their ID cards. How will those cases work across boroughs or council areas in different parts of the country?

Will the Minister explain where voters will be able to apply for their free ID cards? Does it have to be done in person? Will electors be able to apply for a free ID card on the day of poll? If an elector loses their ID card before the election, will they be able to collect another one on the day or would it be the day before polling day, if they are already in the system as having a free voter ID card? I have asked this previously, but will ask it again, and would be very happy to receive a more detailed answer in writing: will voters be able to apply for the cards online? That is a crucial issue and I will keep pushing it.

How long will one voter ID card take to process? How much will one ID card cost the taxpayer? Will it be the same ballpark figure as we have seen in Northern Ireland? Has the Minister considered how the Government will ensure that additional trained staff are available to process applications? What sort of equipment will be needed to verify applications and issue cards? Will local authorities need to purchase new printers? Will the Minister ensure that voters who want to apply for a free ID card on the day of poll can still vote? How many additional staff on average will be needed in each local authority to process this extraordinary change?

There are a lot of detailed questions there. I would appreciate it if the Minister could respond to what she can in the debate, but I would also be happy to receive something in writing during conference recess.

I could go on. There are an awful lot of questions about this policy—I have just scratched the surface. We have no detail on this policy, which is why the amendment is so important. It would provide time for the Opposition and the public to see the details and scrutinise them, and hopefully help the Government by making sure that the legislation is workable and fair.

[Patrick Grady]

Will the hon. Lady give way?

[Cat Smith]

I was about to finish, but the hon. Gentleman is just in time.

--- Later in debate ---

[Patrick Grady]

It is either that or the Committee gets a separate speech. We fully agree with the amendment and the hon. Lady’s point. Does this not go to the heart of what the Bill is allegedly trying to achieve, which is greater participation, greater trust in the process and greater political engagement, in which case why not have a full public consultation period of no shorter than 28 days, so that everyone with a stake in the matter is able to contribute? That would boost confidence in the system.

[Cat Smith]

The hon. Member is absolutely right. Light is a very good source of scrutiny. A public consultation, as the amendment suggests, would bring in the expertise of more than just Members of this House. Obviously, we all engage with the process, but our electoral administrators might well have points to add. It would give them the opportunity to contribute, as it would political parties who are not represented in this House. Smaller parties would be able to have their say. It would give the Government far more credibility on what is, at the moment, quite a flaky policy.

[Kemi Badenoch]

Amendment 44 would ensure that any regulations made under proposed new sections 13BD or 13BE to the Representation of the People Act 1983 would first require a public consultation period of at least 28 days. The powers in those sections are for setting out the form of the voter card and the anonymous elector’s document, and the processes for both applying for them and issuing them.

We cannot agree to the amendment; it is an unnecessary administrative burden. Any regulations made under the new sections will be subject to consultation with the Electoral Commission, followed by significant parliamentary scrutiny under the affirmative statutory instrument procedure. Parliament would naturally want to ensure that any future changes are appropriate and based on contemporary evidence. Given the feisty debate that we have had—[Laughter.] The hon. Member for Glasgow North is laughing, but the fact is that we are having a lot of scrutiny on this Bill. We cannot pretend that we are not, and everyone can see that MPs are pleased to scrutinise this issue more than many others.

[Patrick Grady]

I was particularly amused by the notion that affirmative instruments are subject to detailed scrutiny. Anyone with experience of the SI process in this House could see that comment in the wider context in which it should be judged, and that provoked my laughter. The reality is that the Government rely increasingly on these kinds of statutory instruments and secondary legislation regulations, partly because they do not seem to have done their homework in preparing the primary legislation and precisely because they want to avoid the kind of scrutiny that the hon. Member for Lancaster and Fleetwood talked about—the opportunity for smaller parties who are not represented on Delegated Legislation Committees to have their say and the opportunity to amend regulations introduced in statutory instruments. This speaks to the power grab at the heart of the Bill, no matter what the purported purposes of it are.

[Kemi Badenoch]

I thank the hon. Gentleman for that intervention. If he feels there are issues with the SI process, he should take it up with the Procedure Committee, but I am sure I have sat in a room just like this one when he has been keen to get out to have his lunch. I think that for those of us—

--- Later in debate ---

[Patrick Grady]

On a point of order, Sir Edward. I am happy to go back and look at the Hansard record, but I have no recollection of serving on a Delegated Legislation Committee with the Minister, whether she was a member of it or a Minister. The record will show that at any time when I have represented the SNP on a Delegated Legislation Committee, I have made every effort to speak and to scrutinise the Government. Most of those Committees have been early in the morning, anyway, so we would not have been leaving for lunch.

[The Chair]

Mr Grady, you are a very effective and much- loved Member.

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[Patrick Grady]

The other point, of course, is that if someone was going to all that hassle to cast a vote in the name of the hon. Member for Lancaster and Fleetwood, why would they not just print out a fake passport or one of the other forms of ID in the Bill? If that would be an offence under the Bill, so would making a false declaration—even more so, because the voter would potentially be asking their colleague to sign the attestation that the voter is who they say they are, or the voter would sign an affidavit. That would be an offence; they would still be personating.

Given that the Committee has agreed to the principle of voter identification, should we not look at finding ways to make that as inclusive as possible? I do not understand the hostility from the Government Benches when the Committee has accepted the principle of the need for increased safeguards and identification of voters. Let us find ways to make it as open and inclusive as possible. Once again, the hon. Lady can be confident of the support of the Scottish National party.

[Cat Smith]

I thank the hon. Member. We are finding an awful lot of common ground on the legislation. In the 2018 and 2019 pilots, we found that when voters were asked for a restrictive form of ID, hundreds of people who did not have it and did not understand that it was needed were turned away. This is a safeguard to ensure that those legitimate voters who were turned away would get a chance to cast a ballot.

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[Kemi Badenoch]

Exactly—that is the point I was coming to. As the amendment is drafted, it could be a way in a marginal election of unduly delaying the announcement of a result. We want to ensure that people do not have their votes taken away and used by others who should not be using them. The examples we saw in Tower Hamlets and so on are part of the reason for the Bill.

[Patrick Grady]

Will the Minister give way?

[Kemi Badenoch]

No, I need to make progress—I am looking at the time.

The examples that we gave show why the Bill is needed, and that is not what the amendment would do. It would create an unnecessary administrative process. The focus of the Bill is on ensuring that everyone who is eligible and wants to cast their ballot in person can do so. We are talking about a situation in which someone does not have any photographic identification or a voter ID card, but puts in a provisional ballot only to disappear for who knows how long. Someone refused a ballot paper because they do not produce a required form of photographic identification may try again. If they return with identification, they will get a ballot, and they may make any number of attempts to do so.

[Patrick Grady]

That does not answer the point that I made on Second Reading and earlier today about what happens if a voter turns up too late in the process, say about quarter to 10 at night, at the last minute, but realises that they have left their photographic identification at home. By the time they get back, they might not be able to get inside to cast their ballot. This nonsense of, “How long would it take?”, could perhaps be addressed in regulations, as that seems to be the Minister’s solution to most of our other problems and questions. Or, if she does not like the competency or the wording of the amendment, is she suggesting that she would be open to a more clearly prescriptive amendment to address some of the points on Report? Perhaps that will be tabled and the Government will consider it at that stage.

[Kemi Badenoch]

I do not think that the hon. Gentleman has improved his argument by saying that we should not have the legislation because someone might turn up with five minutes left and something could wrong. We do not say that border control should not look at passports because someone might have left theirs at home, so might miss their flight.

The hon. Gentleman’s argument is, I am afraid, weak. We are improving and strengthening the process. There will of course be scenarios that are unpreventable. We have all seen them before, when someone is unable to vote. One of those scenarios, I repeat, is when someone tries to vote and their vote has been taken by someone else. The Bill will fix that, and the amendment would not help.

Points were made about what happens when people change their names. An elector who has changed their name since their photographic identification was issued will be able to bring additional documentation to polling stations to satisfy the presiding officer that they are on the register. The amendment would lead to the creation of an entirely new concept of a provisional vote that would be new to UK elections. It would therefore not be a straightforward process. That could impact on the result being announced in good time, as I have already said, potentially undermining public confidence in the outcome of the poll—something that we cannot have. We are therefore not persuaded of the merits of the arguments or the proposed changes, and we would be concerned about the potential harm they could do to the successful delivery of elections. I urge the hon. Member for Lancaster and Fleetwood to withdraw the amendment.

--- Later in debate ---

[Cat Smith]

Despite losing many votes this afternoon, I do hope that the Government might be open to the idea of looking at various different IDs that we can add to the list of valid IDs in the Bill.

There are many aspects of the Bill that I find quite shocking and, arguably, undemocratic. The fact that people are unable to use student IDs or 18-plus Oyster cards to vote is an attack on young people’s ability to take part in our democracy. It is something that falls to all of us, as Members of this House, to ensure that the next generation engage with democracy. There is an oversight, in that, the legislation does allow for travel passes for older voters to be used, but not for younger voters who have similar passes.

The inclusion of student IDs that contain photographs and names would be an improvement to this Bill. I hope the Government considers this, as it is incredibly important that we engage young people in our democracy. We have seen in other parts of the United Kingdom, where 16 and 17-year-olds have a vote, that if they use their vote when they are 16 or 17 they are more likely to develop a habit of voting and taking part in democracy.

This goes back to my first argument: that our democracy is stronger, and it is harder for bad actors to influence it, when we have higher participation. This amendment seeks to increase that participation, to ensure that more forms of ID are included on the list in the Bill. It cannot be right that some IDs seem to be valid and some IDs seem not to be valid.

[Patrick Grady]

The hon. Lady is absolutely right about the enthusiasm with which 16 and 17-year-olds in Scotland have participated in ballots and plebiscites since they have had the opportunity to do so, and how frustrating many of them have found it when a UK snap election has come along—the pattern in recent years—that they cannot participate in. I particularly welcome amendment 52 including the Young Scot National Entitlement Card as a form of ID, because it is already recognised in law by the Scottish Government and Police Scotland as an acceptable form of proof of age. I will be very interested to hear it if the Government decide that they oppose the suite of amendments that we are currently debating, because why, having accepted the principle of photographic identification, would they then want to narrow the scope and narrow the chances of people being able to demonstrate who they are? It just seems a bit bizarre.

[Cat Smith]

I completely agree with the hon. Member. His intervention gives me the opportunity to put it on the record that the Welsh Labour Government have also recently extended the franchise to 16 and 17-year-olds and seek to make participation in democracy something that is easy to do yet still secure. On that note, I look forward to hearing the Minister’s responses as to why young people are seeing more barriers put up to their voting than already exist.

Elections Bill (Fifth sitting)

Patrick Grady Excerpts

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

[Cat Smith]

I am a little confused by the Minister’s intervention. That would be reported because the person would have a tendered ballot and that information would be available. The point is—we heard it during evidence—that this policy has been brought in for UK Parliament elections with large electorates and we did not hear one witness say they thought a major election had been swung by mass fraud.

On the example of referendums, I campaigned in the EU referendum for remain, but I do not question that leave won because it would be unthinkable to enact personation fraud on such a scale.

[Patrick Grady (Glasgow North) (SNP)]

Is it not precisely the point that the EU referendum was not swung by a voter fraud of fake leave voters turning up and stuffing the ballot boxes, but by the voter fraud of telling people that there would be £350 million a week for the NHS, that food prices would go down and that the NHS would not be harmed—it was swung by the frauds that are now being proven as precisely that by the state this country is in?

[The Chair]

Order. Can we all calm down? It is getting very lively.

--- Later in debate ---

[Alec Shelbrooke]

I am most grateful to my hon. Friend for that intervention, because what we heard in evidence was that the financial threshold is exceptionally high for people to get over. We also heard in evidence that people did indeed risk their entire financial situation—they faced bankruptcy—to take that matter forward. There is an old phrase: criminal proceedings, or taking things to court, are free to everyone in this country just as everybody in this country is free to dine at the Ritz, but quite a lot of people are precluded when the bill arrives.

[Patrick Grady]

Will the right hon. Gentleman give way?

[Alec Shelbrooke]

I will give way to the hon. Gentleman, because I was about to come on to him.

--- Later in debate ---

[Patrick Grady]

The right hon. Gentleman was asking whether anyone could think of another crime in this country that people are just allowed to get away with. According to the House of Commons Library, the cost of tax evasion to the UK Exchequer in 2018-19 was £4.6 billion. When will this Government bring forward legislation to stop the vast amount of tax evasion going on in this country?

--- Later in debate ---

[Tom Randall]

I wish Councillor Golds had had a whole evidence session to himself, but unfortunately he had to share one and we had to listen to other witnesses, which I shall not go into now, but I think that was an unfortunate timetabling measure.

There is a fundamental weakness in the system as it stands. For that reason I will support this part of the Bill.

[Patrick Grady]

It is always a pleasure to serve under your chairmanship, Sir Edward. I echo the welcomes to the Minister and Members who have joined the Committee.

The phrase “voter ID is a solution in search of a problem” has been heard several times since the start of the Second Reading debate. That is a quote that my hon. Friend the Member for Argyll and Bute did not want to explicitly attribute to Baroness Davidson, who was once the coming thing in the Tory party. She was going to be the leader or a Minister. She was going to save them all and save the Union. Now that those future leaders of the Conservative party, the 2019 red-wallers, are here arrayed in front of us, demonstrating to the Whips, the Minister and everyone else their value, I am sure they will not be overlooked quite as much in the next reshuffle.

The previous Minister on the Committee made the pertinent point that we must be careful about the use of the word “disenfranchisement”. To disenfranchise someone is to actively take their vote away; where once they were previously eligible to vote, they are now no longer eligible. They made the point that we must be very careful about casually suggesting that voter suppression, which I will get on to later, is the same as disenfranchisement—which is fair enough. However, that also means that we must be quite careful when we use other terms—terms such as “voter fraud”, which has been bandied about on the other side of the House in reference to a whole range of electoral malpractices, some of which we heard about in the evidence sessions. In fact, voter fraud specifically refers to personation and the casting of the ballot.

As has been quoted back several times from the Committee session with Richard Mawrey:

“In Tower Hamlets, as I said, they virtually ticked every box of electoral offence. But for my being rather kind-hearted, they would have ticked the intimidation box as well—they ticked them all. Voter fraud played a very small part, funnily enough,”.––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 14, Q13.]

That is the point about personation. It is a point that has been made repeatedly by hon. Members from Opposition parties, and that has not been challenged or proven false by Conservative Members. My hon. Friend the Member for Argyll and Bute quoted another witness as saying that personation was an incredibly inefficient way of swinging an election and making oneself the victor. It carries with it an extremely high risk; someone only needs to do it once to be tapped on the shoulder and kicked out of the election campaign and into jail.

[Chris Clarkson]

Would the hon. Gentleman agree with me that, technical merits of personation aside, any one instance of personation is a negative input into our democratic process? Anybody stealing a vote, misusing a vote or representing themselves as somebody else should be a cause for concern.

[Patrick Grady]

Absolutely. However, we have repeatedly heard, throughout all the evidence sessions and debates, that when personation has been identified it has been called out and punished, the perpetrators have been brought to justice and, if necessary, candidates have been disqualified and election results overturned. What would swing elections is disincentivising turnout—making it more difficult for marginalised voters to turn out, particularly in marginal constituencies, and putting up barriers to electoral participation. That is exactly what voter identification will do. There have been disputes about how many people do or do not have adequate voter ID, as required under the terms of the Bill, but even the most conservative figure—with a small c and capital C—is that there are at least 2 million people across the United Kingdom without adequate voter ID. At an average, I think that works out at around 3,000 per constituency. There are plenty of us Members sitting on majorities of considerably less than that. It is clear to see the difference that could be made if suddenly those people were unable to cast their votes.

The Minister said right at the start that everybody who wants to vote will have the opportunity to do so. That is just a simple statement of fact. That is the case now; everybody who is currently eligible and wants to vote has the opportunity to do so when an election comes around. What will happen with this Bill is that barriers will be put in their way. What if someone turns up at quarter to 10, on a wet Thursday night, and it turns out they have left their voter ID at home? What if their passport has expired—will that be valid? What if they have recently got married and their surname has changed—what happens in that situation? There are all kinds of barriers that have nothing to do with anyone’s background or minority status.

[Cat Smith]

I was about to raise the issue of women who marry and need to change their surname on IDs and other documents. However, the hon. Gentleman has triggered in my mind another thought. Kate Robson, who works for me, left the purse containing all her ID documents on the bus. If that had happened on polling day, she would not have applied for the free voter ID as she had a driving licence in her purse—but that purse had been left on the bus. As it happened, all ended well and she was reunited with that document, but it shows that it is not just those who do not have photo ID who would be disenfranchised; so too would those of us who mislay documents. I am sure that all of us in this room are very organised, but people who mislay documents do exist, and they might only remember that it is polling day on their way home from the gym at 9 o’clock, when they will not have time to go back for their ID. A greater number of people will be disenfranchised than just that percentage who do not have ID.

[Patrick Grady]

Absolutely. It will put up barriers and make that democratic participation more difficult and more challenging.

[Tom Randall]

On a small point of clarification, under proposed new paragraph (1H), “specified documents” include documents

“regardless of any expiry date”,

so the expired passport would be valid.

[Patrick Grady]

That is incredibly helpful. People across the country with expired passports will be breathing a sigh of relief, unlike the people across the country who, for whatever reason, do not have passports or who, for all kinds of reasons, find it difficult to make that approach.

We have heard about the pressure that there will be on electoral administrators to deal with the inevitable surge in applications. We have heard about some of the accessibility challenges that will be faced by people with different kinds of impairments when applying for photo documentation. There are all those kinds of barriers. Nobody is questioning the agency or ability of minority communities to apply for voter identification; the point is that many people are already disproportionately without existing forms of voter identification and so are already disincentivised from taking part in the democratic system.

[Cat Smith]

I thank the hon. Gentleman for being so generous with his time. I feel moved to mention that my grandfather, who sadly is no longer with us, did not have any form of photo ID because he was illiterate. The idea of having to approach the local council and fill in a form in order to get an ID document—he just would have stopped voting. There is a group of electors that we have not talked about so far, either in evidence or in Committee this morning—those constituents that we represent who would be filled with dread by the idea of approaching the council and being asked to fill in a form. They will do that only if it is absolutely essential to their survival. The reality is that my grandad would not have applied for a voter ID card because he would have been too embarrassed to go to the council and confess that he was illiterate.

[Patrick Grady]

The hon. Member is absolutely right. Precisely those concerns have been raised by Age UK, which quotes the Cabinet Office’s own research as showing that

“2% of people aged over 70, equivalent to 180,000 older people in Great Britain, do not hold any of the forms of identification that the Bill proposes would be accepted when voting…Having to present photographic identification at the polling station would ‘make voting difficult’ for 6% of people over 70, or around half a million people living in Great Britain…4% of people aged over 70…less likely to vote…These figures are likely to be underestimated as the Cabinet Office’s funded research did not include a representative sample of older people in Great Britain.”

A whole range of minority and segregated groups in society will be affected by this.

[Chris Clarkson]

Just to expand on that point, would the hon. Gentleman say that having to present a vaccine passport in order to use goods and services, for example, would present a barrier to people engaging in the economy?

[The Chair]

Order. We are not discussing vaccine passports. Let us remain focused on the Bill.

[Patrick Grady]

Thank you, Sir Edward. I think there is a slight difference between someone voluntarily taking part in different parts of the economy and someone exercising their fundamental right to vote. The Prime Minister himself has not ruled out vaccination certification, so we will wait to hear what those on the Government side of the House have to say about that a couple of weeks down the line.

The point that the hon. Member for Heywood and Middleton touched on there is the divergence across these islands. He is perfectly entitled to make that point. It is interesting, because in the devolved areas, rather than making it more difficult for people to vote, we have been making it easier to vote and more proportionate. We will get on to more of this later in the Bill, but in Scotland the franchise has been extended to 16 and 17-year-olds, to all EU nationals with settled status and to refugees, and nobody is being asked to turn up with voter identification in the devolved areas. We will have people on increasingly different franchises—[Interruption.] I am glad this is of such interest to Government Members, because they are supposed to be defenders of the Union, and they want to keep this glorious country, as they see it, together and keep us in a United Kingdom. Actually, what they are doing is increasing divergence and showing that Scotland and Wales can adopt a far more liberal, all-encompassing and participative approach to democracy. Here it is being made more difficult and increasingly narrow. That is a challenge for people who want to protect the Union.

[Brendan O’Hara]

Scotland extended the franchise to the groups that my hon. Friend mentioned, but one that he did not mention was people in prison with 12 months or less to go on their sentence. Would I be correct in saying that, by extending the franchise, Scotland achieved its higher ever turnout at the elections in May and ensured that people have faith? It is not just about creating rules; it is about creating faith in the system. The Government do not have to go down this draconian ID card route to create faith in the system; they just need people to believe that what they elect is what they get, and Scotland is doing that.

[Patrick Grady]

My hon. Friend is absolutely right. Compare that to the “Oh no, here we go again” response to the sequence of snap elections and uncalled for and unprepared for ballots that have happened in the UK in recent years, because of the utter chaos and incompetence shown by the Conservatives.

My hon. Friend brings me on to my next point, which the Labour spokesperson touched on. We as elected politicians are not impassive observers, as perhaps parliamentarians can be on other aspects of legislation, where we can take an objective view. All of us have an active interest in who elects us and how we get elected. I join the hon. Member for Lancaster and Fleetwood in paying tribute to election administration staff in councils up and down the country—later in the Bill we will talk about the role of the Electoral Commission and who gets to mark our own homework. If it has been tough south of the border, it has been even more so north of the border, where there has been another referendum, local elections and the devolved Parliament elections, on top of all the UK-wide ballots and plebiscites that have had to be administered.

I also pay tribute to our party activists and volunteers, as I am sure everybody in this room will—perhaps we can get one point of consensus. They are in many ways the backbone of the electoral process and political engagement of this country. They are the people who stand outside the polling stations in the pouring rain and the blazing sun—sometimes in Scotland that can be within the same 10 or 15 minutes. We can have all four seasons in one day or even just a couple of hours—that is certainly true of the last couple of elections we have had. These people play an incredibly important role. If there was widespread personation, with people turning up in dodgy rain jackets, funny moustaches and thick eyeglasses to repeatedly impersonate other voters, it would kind of be noticed. That is the point of having the system we do.

We have polling agents, counting agents and voluntary observers. That is a hugely important part of trust in the system. It happens at counts as well, when we watch how the ballot papers come out and how they are sorted and so on. We have heard examples of electoral malpractice and intimidation outside polling stations. Exactly: we know about it because it has been witnessed and reported. It has been covered on the news, because it makes for a bit of drama if people are shouting at each other outside a polling station—the cameras like to go and see that. It should not happen, and that is why people have been punished for it.

[Cat Smith]

Another thing that has been observed outside polling stations in recent elections is really long queues of people turning up just before 10 pm. They are allowed to vote if they are in the queue before 10 pm. If people also have to show ID and have it verified by the polling card, what does the hon. Gentleman think that could do to the queues outside polling stations? How does he think that might incentivise people to actually turn out and vote?

--- Later in debate ---

[Patrick Grady]

There is a bit of a challenge. People do get put off by long queues. Under social distancing in Scotland, the queues were even longer and it was taking even longer to vote. I commend people who are prepared to wait, but imagine the frustration of someone who has waited all that time in a queue and then finds out that they do not have a valid ID, or they thought it was in their pocket, but it turns out it was not, and there is no provision to even cast a provisional ballot, which we may get on to later.

The system that exists just now, pre this Bill, is the system that got us elected. There is a real danger that what is going on here is undermining the confidence in that system. If confidence in the system is undermined, people will simply not turn out at all, irrespective of whether they have a voter identification. They will sit on their hands and say, “You’re all the same—a plague on all your houses! My vote doesn’t make a difference,” and they will not turn out at all.

[Fleur Anderson]

I agree with the hon. Gentleman’s concern that this is a disproportionate Bill and that it will stop people turning out—they will just sit on their hands. We will not know whether they have gone or not. From the research we have on the pilots, there was an indication of a real disparity between different areas, age groups and other groups in terms of the inclination, or disinclination, even to go and vote. For example, in Woking nearly all electors said it would be easy to access ID and they would trundle down with it easily, but in Pendle only seven in 10 people said it would be easy to access. For non-voters, only 88% of people said they would find it easy; for those who vote, it is 95%. That is a real disparity. White electors were more likely than BME electors to think it would be easy to find identification for future elections, by 92% to 87%—another huge disparity. Younger electors, too, were less likely to say they would find it easy to access identification for future elections: 84% for 18 to 34-year-olds, compared with 93% for 35 to 54-year-olds. As a mum of adult children who should be allowed to vote but often cannot find their ID, I agree with the differences there are between different parts of the electorate.

[Patrick Grady]

The hon. Lady is absolutely right, and it is interesting that we have not heard more about the detail of those pilots from the Government. They were their own pilots—it was the Government who ran them. They seem happy to pick up evidence of electoral malpractice in any areas that cause them concern, but less interested in picking up the outcomes from the pilots that they themselves commissioned.

As the hon. Lady mentioned some of the disparities in terms of voting ID, I will pay tribute to Maurice Mcleod, who gave very impressive evidence to the Committee under the most sustained and pressured questioning of any of the witnesses we heard from. He said, and he was quoting the Government’s own data, that

“while 76% of white people hold a form of relevant photo ID, such as a driver’s license or a passport, when it comes to black people, about half do: 47% do not hold one of those forms of ID.”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 89, Q134.]

The statistics the hon. Lady quotes from the pilots appear to be borne out by other evidence we have heard.

[Jerome Mayhew]

I am grateful to the hon. Gentleman for giving way. He may recall that I questioned the witness on that, and he agreed that the evidence from 8,500 respondents to the IFF review was that, in fact, 98% of the population in general have relevant ID, and that when it came to BAME respondents, it rose to 99%. He also agreed with me that on that basis he was somewhat reassured.

[Patrick Grady]

There we go: that is the benefit of having these evidence sessions, and we should thank, congratulate and treat with respect all the witnesses we heard. I echo the points of order that were made earlier on: I hope we get to have more evidence sessions when it becomes appropriate, so we can hear about the extension to the Bill’s remit that the Government have made.

[Brendan O’Hara]

Looking back at the evidence given by Maurice Mcleod, it got to the point that the Government are aiming at the wrong target with this Bill. Does my hon. Friend not agree with Maurice Mcleod and, indeed, Gavin Millar, who both said the Government should prioritise a registration drive, increasing participation and opening up? As Maurice Mcleod said:

“I do not really understand why you are not automatically registered. I remember turning 18; you get your national insurance number because going out to work and paying your…tax”.––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 88, Q133.]

However, people are not automatically registered. Does my hon. Friend not think this Bill should look at automatic registration rather than seeking to disenfranchise people?

[Patrick Grady]

Yes. I hope as the Committee progresses we will be able to look at precisely that issue. That brings me quite neatly on to what I hope will be my final point of concern: what is really needed is a massive voter education drive. We need a new wave of civic engagement, helping people to understand the critical role they play in democracy and decision making in this country. As the right hon. Member for Elmet and Rothwell said, irrespective of our views on a matter, we as politicians should be able to express those views, and try to convince the voters and win as many of them over to our side of the argument as possible. That is what is vastly needed, and that need for civic education and massive voter registration drives in order to encourage as many people as possible to take part came out in quite a lot of the evidence, as well. That requires us to live up to our promises, not make false promises and pretend that things are going to happen.

Withdrawal from Afghanistan: Joint Committee

Patrick Grady Excerpts

Wednesday 15th September 2021 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

Mr Deputy Speaker,

“It’s like the entire country is being held hostage.”

That is how my constituent Abdul Bostani, the chief executive of Glasgow Afghan United, described the situation in Afghanistan after the Taliban takeover. One of those trapped was his own brother, a UK citizen who had travelled back to visit his wife and children because the Tory Government’s arbitrary earning thresholds for visas meant that he had not been able to bring them to the UK for a family reunion. Thankfully, they were among the lucky ones who got out in the airlift, but they should have been here years ago.

Likewise, Abdul has friends who served as interpreters for the UK armed forces who are still in Afghanistan because they were employed by a security company and not directly by the British Army. There were told that they were therefore not eligible for schemes to resettle in the UK. The Minister for the Armed Forces offered to look into that earlier this week, but again, they should have been here years ago.

[Kirsten Oswald (East Renfrewshire) (SNP)]

There is also a great deal of confusion over the treatment of British Council staff. It is still unclear why they were excluded from ARAP; they should certainly be here. It is unclear what will happen to those staff in the future, how many were special cases, and how many still remain in Afghanistan. Does my hon. Friend agree that that is another issue that really needs to be clarified?

[Patrick Grady]

My hon. Friend is right and the Minister should respond to that.

I fully support the Labour motion for a Committee of inquiry. The Government have pretty thin reasoning for opposing that. Technically, the establishment of a new Committee is a House matter, so there should be a free vote for their Back Benchers tonight.

Hundreds of my constituents have been in contact with me since the US withdrawal began, distressed at the scenes in Kabul and across Afghanistan, and demanding action from Governments in the UK and wanting to express their solidarity. I have spoken to constituents who are particularly concerned about the treatment of women, girls and minority groups, as we all are. Expat constituents from Afghanistan have emphasised that Afghanistan is not a lost cause. Resistance to the Taliban remains real and the UK Government need to be aware of that.

[Alison Thewliss (Glasgow Central) (SNP)]

Does my hon. Friend share my concern that many constituents who have been here for years have not yet had any certainty about their status, including my constituent Ahmed who fled the Taliban as a child? He has been here for 13 years and still does not have any certainty about his status.

[Patrick Grady]

Absolutely. Again, I hope the Minister will respond to that.

Refugees are welcome in Glasgow. The city has shown time and again that we are ready and willing to welcome anyone from Afghanistan who needs support. No one who arrives from Afghanistan without documentation, or indeed from anywhere in the world fleeing persecution, should be criminalised under the new Nationality and Borders Bill. That legislation should be stopped in its tracks, or at the very least amended beyond recognition, so it provides a safe and welcoming environment rather than doubling down on the hostility that this Government have all too often shown.

That hostility and callousness is also evident in the decision to slash the UK aid budget. The consequences for countries like Afghanistan are now becoming abundantly clear. The Government must find a way to support those who remain in the country and try to preserve some of the progress that has been made, particularly with regard to support for women and girls. When the Government claim they are announcing additional aid, they must be clear whether that is genuinely additional to all the aid flows already committed, or whether they are still operating within their envelope of 0.5% of GNI, in which case whatever money is being diverted to Afghanistan is coming from other places that also badly need it.

This year was supposed to be about global leadership, with the UK chairing the G7 and COP26 coming to Glasgow. Instead, all we are seeing, once again, is that global Britain is so much hot air. With their actions in Afghanistan taking their lead, as always, from the United States, we see a little Britain diminishing in influence and setting examples nobody wants to follow. Constituents in Glasgow want to live in a Scotland that is better than that: where global citizenship is not just a slogan but a mindset, and where our nationalism is defined by our internationalism and our commitment to live up to global goals and aspire to the highest of values. The UK Government have to start doing the same.

[Several hon. Members rose—]