(2 days, 12 hours ago)
Public Bill CommitteesThe Government have a clear view on this issue: those convicted of a crime and serving a sentence in custody cannot vote. We have no plans to extend the franchise to prisoners.
The hon. Members for Hazel Grove and for North Herefordshire mentioned the European Court of Human Rights. The UK’s prisoner rights voting policy was very recently the subject of a judgment by that Court, and no violation was found. I am quite happy to share that judgment with Members should they wish to see it.
The provisions of the Bill simply reflect that policy, by accounting for all of the institutions in which convicted prisoners aged 16 and 17 may be held.
There is a high degree of cross-party agreement on this point, but I have a technical question. The Minister referred earlier to the status of secure accommodation for children. Such an order is made by the family court rather than the criminal court, but it is often handed down when a local authority youth justice team is concerned particularly about the risks of self-harm. Under existing legislation, any child who is in custody of any kind is de facto in the care of the local authority where they reside. Under the terms of the Bill, that local authority then has a duty to support those who may be in secure accommodation to access their vote.
Could the Minister briefly set out what discussions, if any, she has had with the Department for Education, which owns that children-in-care legislation, so that we have clarity about what arrangements would be in place so that a child who is in secure accommodation, of which there is a very limited amount, often some distance from someone’s home, is able to exercise their right to a vote, which they would retain under these provisions?
The issue that the hon. Gentleman raises is quite technical. I will provide him with the details. He is right that some convicted 16 to 17-year-olds, rather than being imprisoned in a young offender institution, are detained in secure children’s homes or secure training centres. Whether an individual is held in a young offender institution, a secure children’s home, a secure school or a secure training centre following conviction is not a direct reflection of the nature of their offence or determined by characteristics such as age.
It is possible for one individual who is convicted of a particular offence to be held in a young offender institution while an otherwise identical individual, who has committed the same offence, is held in a secure children’s home. Accordingly, it is appropriate and consistent to ensure that all convicted prisoners, regardless of their age or the institution in which they are held, should be prevented from voting. I will provide further details in writing, if that is acceptable to the hon. Member.
I thank hon. Members for their support for clause 2 and for the principle, which we are extending to 16 and 17-year-olds, that those held in secure accommodation and prison cannot vote—I think that is a well-understood principle, and it is one that we continue to support—and for their comments regarding new clause 9, which the Government will not be supporting.
Question put, That the clause stand part of the Bill.
I thank the hon. Member for his support. For attainment at the age of 18, we work with 16 and 17-year-olds, so the two-year rule will continue by convention. If I have anything to say that differs from that, I will share that with him.
This is, again, a bit of a technical question, but both my hon. Friend the Member for Hamble Valley and I served previously as lead members for children’s services, and one of the groups for whom this will be particularly relevant is those young people who may be in the care system because they are asylum seekers. My local authority has among the highest populations of unaccompanied asylum-seeking children in the country.
There are existing arrangements, but at the moment, because the voting age is 18, it is completely clear: someone is an adult in the system and their eligibility to attain their vote depends upon the determination of their claim. However, there is a significant population of young people who have age assessments that are being disputed, or for whom there are issues around where residence may take place and whether leave to remain will be granted, and therefore at what point the individual, not because of their age but because of their immigration or asylum status, will attain the right to vote. What discussions have there been with the Home Office, which owns that legislation, and potentially the Foreign Office, which may have sight of what arrangements are in place in the countries from which those young people may be moving to the United Kingdom, to ensure a degree of consistency and certainty?
I thank the hon. Member for his question on quite a complex issue. The right to vote is based on citizenship, so I would have to come back to him with further detail on those circumstances. We will come on to clauses that relate to children in the care of local authorities and their rights to register to vote, and to vote, but on that specific issue I think I will need to come back to him.
I am sure that everyone is aware that the arrangements with Ireland, for example, provide a degree of eligibility and commonality, not just in the electoral system but in all sorts of other areas. In terms of enfranchisement, we have eligible Commonwealth voters who may participate in our electoral system by virtue of their Commonwealth status. That does not apply to all countries in the Commonwealth, but it does apply to a significant number of them. It would be helpful if the Minister could address that issue too, particularly given that we can envisage, for example, service families from the military of an allied country—in my constituency, with HMS Warrior just over the border, we have a significant number of families who come from Canada and Australia and, indeed, Europe—who may be here for a period of time, which would mean that they fall within the scope of this legislation. It would be helpful to understand what arrangements are in place to ensure that they are treated fairly.
I will supply the hon. Member with that information, because it also applies to attainers who are living overseas. I commend the clause to the Committee.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Declarations of local connection: looked after children and detained persons
Question proposed, That the clause stand part of the Bill.
Clause 4 will ensure that the extension of the franchise works effectively for young people whose living arrangements do not fit the traditional model of a fixed or permanent address. Declarations of local connection already allow certain individuals to register to vote when they cannot reasonably be associated with a single permanent address. However, once the franchise is extended, it is important that young people are not excluded from participation simply because of the nature of their accommodation. The clause expands the circumstances in which a declaration of local connection may be made.
Members should be assured that the provision does not remove any existing eligibility requirements. It enables young people who are looked after by a local authority, who have previously been looked after, or who are kept in secure accommodation to register in a way that reflects a meaningful connection to an area. It is an important measure that ensures that young people in these circumstances are able to register in a way that reflects their living arrangements.
Clause 5 will ensure that the extension of the franchise properly supports service families. Service declarations exist to ensure that members of the armed forces, Crown servants and British Council employees are not disadvantaged in their ability to register to vote when serving overseas. However, once the franchise is extended to 16 and 17-year-olds, a gap would arise: the children of service voters who move with their families in service would not have access to the same registration mechanism.
The clause addresses that gap and enables children who reside with a service-voter parent or guardian to register using a service declaration. That registration will cease when the individual reaches the relevant age, which is 19 for UK parliamentary elections, Northern Ireland Assembly elections and local elections in England and Northern Ireland, and 18 for Scottish parliamentary elections, Senedd Cymru elections and local elections in Scotland and Wales.
To some extent, I have another version of my earlier question. In respect of children in care, within the provision there will need to be a process for registration and, in due course, a process for the administration of casting the ballot. If we consider the original judgment on prisoner voting, the European convention on human rights does not trump parliamentary sovereignty.
The judgment went against the UK because, at that stage, there were no arrangements in place for prisoners to be able to vote, although the law did not specifically prohibit them from doing so. The court said, “You can’t effectively lock them up so that they can’t get to the ballot box, but at the same time say that they are still legally entitled to the vote; you have to make a choice.” Parliament made a choice and said, “We are going to ban those people from voting.”
The Government have been very clear that young people in secure accommodation will be eligible to vote. We are also aware that those in the 16 to 18-year-old category who are treated as care leavers will often be in what is known as move-on accommodation as they transition from a fostering placement or children’s home to semi-independent living.
What arrangements will the Government make to ensure that, in practice, under the terms of this legislation, those young people are not deprived of their ability to vote by virtue of moving around the country or simply lacking access to the service that they require, as opposed to being deprived of it by a deliberate decision of Parliament as part of the punishment inherent in a custodial sentence?
The hon. Member makes an important point. The response to that is the declaration of the local connection; that must relate to an address with which the individual has a genuine connection, as set out in the Bill. For example, a person experiencing homelessness may register using the address of, or nearest to, a place where they spend a substantial amount of their time, such as a shelter or another place where they regularly stay. Similarly, a young person looked after by a local authority may register using a previous address or one connected to the local authority responsible for their care. I hope that answers the hon. Member’s point.
I understand the Minister’s point in the sense that a young person can register to vote. My question is about the logistics of how the ballot is cast. One of the challenges for young people, particularly in the care leaving transition, can be the instability of placements.
Young people may move around to access the type of accommodation that they need, or they may be placed far from home to get them away from, for example, a drugs gang or a grooming gang that caused them to come into the care system in the first place. Therefore, they will find themselves in a position where, while they may wish to participate under this legislation, the logistics and practicalities of that may be different and, in practice, they may be deprived of the opportunity to vote. It may be a matter for those discussions between the Department for Education and the Ministry of Justice, but it would be helpful to understand what practical arrangements have been put in place to ensure that, if the Government really want 16 and 17-year-olds to be able to vote, they can do so.
The hon. Member raises an important point. We have to establish the principle in the first instance and, as we progress with the legislation, we can provide more detail about the practical arrangements. Clauses 4 and 5 establish the principle; we will have to come back to the detail of how we take that forward. It is a complex area, but it is essential that young people in the care of a local authority are not disenfranchised because of that.
Clause 5 is important to ensure that young people in the care of their families overseas, as they give service to our country, are treated fairly under the extended franchise.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5 ordered to stand part of the Bill.
Clause 6
Further provision about registration and participation in elections
The short answer is yes. This is an extension of the arrangements with which EROs are most familiar, and the guidance that will be provided to them in advance of the proposals coming into effect will reflect the extension of the franchise. I suggest that EROs and our electoral administrators are very familiar with these issues, and it will simply be a matter of extending those arrangements to the newly enfranchised age group.
I have another technical question to provide clarification for the Committee. We know that there are different rules for who is eligible to vote in local elections and in general elections—and council elections are imminent—and the Government website sets out those criteria. One of the consequences of this change will clearly be to extend the franchise to a large group of people who do not and cannot currently vote in UK general elections.
A question that may arise for an electoral registration officer is how to establish the age of, for example, an eligible Commonwealth citizen who arrives to register to vote, if their age is not clear. Will the Minister set out what guidance EROs might be expecting to spell out the evidence that might be sought to establish eligibility in terms of age if, for example, a citizen of Poland who has moved to the United Kingdom wishes at the age of 16 to join the electoral register for the upcoming council elections?
Let me re-emphasise that EROs are familiar with providing such guidance already. We are simply extending the franchise to a different age group to enable them to participate in UK parliamentary elections and those other elections mentioned. The well-established route for providing that guidance will continue, extended to encompass the newly enfranchised in future elections. This is a well-trodden path, and I am happy to provide more details as required.
Amendment 5 agreed to.
Clause 6, as amended, ordered to stand part of the Bill.
Schedule 1
Further provision about registration of young voters etc
Amendments made: 6, in schedule 1, page 103, line 35, at end insert—
“Police Reform and Social Responsibility Act 2011
14A In section 51 of the Police Reform and Social Responsibility Act 2011 (vacancy in the office of police and crime commissioner for a police area in Wales), in subsection (6C)(a)(ii) omit “, who has attained the age of 18”.”.
This amendment removes the restriction that certain EU citizens, who are registered in a register of local government electors, need to be 18 or over to give a notice of vacancy in the office of police and crime commissioner for a police area in Wales.
Amendment 7, in schedule 1, page 103, line 35, at end insert—
“Recall of MPs Act 2015
14B (1) The Recall of MPs Act 2015 is amended as follows.
(2) In section 14 (determination of whether recall petition successful), in subsection (3), for “18” substitute “16”.
(3) In section 22 (interpretation), in subsection (3)(b)—
(a) in the words before sub-paragraph (i), for “18” substitute “16”;
(b) in that sub-paragraph, for “18” substitute “16”.”.—(Samantha Dixon.)
This amendment includes 16 and 17 year olds who are registered in a register of parliamentary electors in the calculation of the threshold to be reached to determine whether a recall petition is successful.
Schedule 1, as amended, agreed to.
Clause 7
Prohibition of registration officers disclosing information
Question proposed, That the clause stand part of the Bill.
(2 days, 12 hours ago)
Public Bill CommitteesI am grateful to the Minister for her explanation in response to my earlier questions. Clause 15 says that a local authority
“must take the steps the authority considers necessary”.
One of the challenges with that is that young people will be placed in different areas of the country. The Bill gives rise to the possibility of significant inconsistency. One local authority may take the view that there need to be special arrangements for the young person to be taken to the polling station to cast their vote, or that particular arrangements are necessary for a postal vote to be exercised by someone whose station is further afield. Another authority may take the view that simply giving them a briefing note explaining it would be sufficient. Both of those sound like they would meet the test set out within the Bill.
Can the Minister set out what guidance there may be, either from her Department or from the Department for Education, to ensure that there is a degree of consistency, so that there is equality of access for young people in the care system? That is especially important where the placement they may be in is effectively controlled by a third party. For example, how will there be appropriate measures in place to ensure that a young person in foster care—particularly given the “Staying Put” policy introduced with cross-party support by the last Government, which enables those young people to stay as care leavers with a family with whom they have been fostered—has an equality and consistency of access to both the registration process and the physical ability to cast their vote?
The Government are committed to ensuring that everyone who is entitled to vote should be able, encouraged and supported to do so. Different authorities will have different approaches that will arise in different circumstances. Our provisions allow local authorities to take the most suitable approach when assisting people to get on the register. To address the concerns raised by the hon. Member for Ruislip, Northwood and Pinner, while the guidance will be national, the application will be appropriate to local circumstances.
The Minister is addressing the pilots and how they will be learned from. My hon. Friend the Member for Broxbourne set out some broad concerns about the risks to the integrity of the ballot of taking an inconsistent approach, whereby different groups of electors may be targeted for auto-enrolment in different local areas, such that we end up with inconsistency.
Another risk is around identity theft and fraud. For many people, a place on the electoral register is the start of obtaining credit or sometimes of applying for a job or benefits. I am very conscious, as I am sure we will all be from our constituency case work, that getting behind those kinds of fraud and identity theft can be extremely expensive and difficult. For example, a person may apply to go on the electoral register at someone else’s property without your permission. That person may not be genuine or even exist, but under this system, unless a response comes back saying that they do not wish to be added to the register, they will automatically be put on it. That opens a new avenue for fraudsters, and particularly identity thieves.
For the benefit of the Committee, will the Minister therefore set out what consultations there have been with colleagues across Government about evaluating the risk of identity theft that this provision creates for our constituents?
I simply suggest that the piloting, with the work of the EROs and the access to the datasets that establish the right and the eligibility to vote, are testing precisely the point the hon. Gentleman is making about avoiding election fraud. That is the purpose of the pilots.
It is not so much about election fraud off the back of this; it is more about somebody getting themselves on the electoral register and applying for a credit facility. One thing the credit provider will check is whether they are on the electoral roll. That person may not exist at all, but because of auto-enrolment they are now on the electoral register, as a result of which they obtain credit. That opens up the risk of fake registrations, which we already hear about from trading standards. It would be helpful to understand what consideration the Government have given to that risk, particularly given the impact it has on vulnerable households among our constituents.
The point that I am attempting to make is that this piloting and the move towards auto-enrolment will enable EROs to test, based on a variety of different datasets, that the application is accurate, legitimate and not spurious or in any way fraudulent. While I note the hon. Gentleman’s point, these things are being done to avoid the scenario he has just described.
EROs will continue to exercise their knowledge and judgment to assess eligibility before they send someone a notice that they will be registered to vote. Before a person is automatically enrolled, they will be written to, but the ERO will have tested, through a variety of different datasets, whether that application is legitimate. We will test that robustly and fairly and with the guidance of partners such as the Electoral Commission.
(2 months ago)
General CommitteesToday’s debate illustrates clearly how passionate Members are about their local high streets and the businesses in their constituencies, which I completely recognise. I will try to address Members’ comments.
The introduction of the permanently lower rates for eligible retail, hospitality and leisure properties, paid for by the high-value multiplier, is just the first step in the Government’s programme to transform the business rates system, which the hon. Member for Ruislip, Northwood and Pinner asked me about. In September 2025, the Government published an interim “Transforming Business Rates” report to set out what we will do next to meet our objective of delivering a fairer business rates system that supports investment and is fit for the 21st century. At the Budget, a call for evidence was published on the role of business rates in business investment, which will help us to develop a system that better supports investment and economic growth. The transformation of the business rates system is a multi-year programme happening throughout this Parliament, with much more to come.
I turn to other issues. The hon. Member asked about the impact on local government. We hope that the revaluation will be, as much as possible, neutral. We will adjust the business rates retention scheme to offset the impact on local revenues.
I am grateful to the Minister for addressing that point. It slightly begs the question, however, if the main purpose of these increases—we have heard about 2,000%, 60% and 27% increases for independent shops, as well as 200,000 job losses—is to raise additional business rates income, but the effect on local government finance is neutral. What on earth is the point of inflicting all that pain on the business sector if it does not put a single extra penny in the pockets of local government?
We do recognise that business rates make up about a quarter of local authorities’ core spending power and they support critical local services, but the revaluations maintain fairness in the system by redistributing business rate liabilities among ratepayers to reflect recent market conditions. Standard features of the business rates tax system mean that between financial years, tax take may increase or decrease due to inflation or changes in relief. Hon. Members will be aware that rates rise in line with inflation and change annually to reflect inflation. On the wider impact on local government, I will respond to the hon. Member for Ruislip, Northwood and Pinner in writing.
Members have raised the issue of the high street. It is important to note that the temporary and unfunded—I repeat unfunded—40% RHL relief for 2025-26 will end on 31 March, and will be replaced by the permanent lower retail, hospitality and leisure tax rates from 1 April. The change, coinciding with the revaluation, means that some retail, hospitality and leisure properties will need greater support to help them transition to their new bill.
We have provided exactly that through expanding the supporting small business relief scheme, which will, as I outlined, cap bill increases for ratepayers who are losing some or all of their small business rate relief, rural rate relief, 2025-26 retail, hospitality and leisure relief, or 2023 supporting small business relief, at the higher of either £800 or the equivalent transitional relief cap. My hon. Friend the Member for Crawley put it most ably: to vote against this particular measure would be to see businesses facing higher bills, which is not what the Government want.
I thank all Members for their contributions to the debate. As my right hon. Friend the Chanceller announced at the Budget, the business rates support package, of which this relief is a part, will help ratepayers facing bill increases as a result of the revaluation to move gradually over time to their new liability. I am grateful for the opportunity to speak on this matter today, and I commend the draft regulations to the Committee.