Elections Bill Debate

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Department: Cabinet Office

Elections Bill

Alec Shelbrooke Excerpts
2nd reading
Tuesday 7th September 2021

(3 years, 3 months ago)

Commons Chamber
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Chloe Smith Portrait Chloe Smith
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It might not have been the intention of the hon. and learned Lady to assist me in making this case, but she does because she allows me to make the critical point that this scheme is underpinned by a free local voter card. I have already mentioned that 98% of people already hold the identification that will be asked for by the scheme. For those who do not, we are making sure there is the free alternative of a local voter card.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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When we cut through the noise, is it not true that the Organisation for Security and Co-operation in Europe said that we cannot have definite security in our elections if we do not have photo ID? Is it also not the case that we are being asked to continue a practice that puts us outside international standards?

Chloe Smith Portrait Chloe Smith
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That is exactly the case. Indeed, countries around the world already operate this system with ease, and not only other countries. This policy is already successfully and easily operated inside our own United Kingdom, and we need to learn from the Northern Ireland experience.

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Cat Smith Portrait Cat Smith
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The right hon. Member for Elmet and Rothwell (Alec Shelbrooke) has been trying to get in for some time; I will give way to him.

Alec Shelbrooke Portrait Alec Shelbrooke
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I am most grateful to the hon. Lady; she is always extremely generous. Does she completely disregard the recommendations of the OSCE that identification at ballots is an important part of the security of the ballot? That is an internationally recommended part of the electoral process. Does she completely dismiss that recommendation?

Cat Smith Portrait Cat Smith
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It is a pleasure to see the right hon. Member in his place, and it is always a pleasure to debate these issues with him in very many forums. The OSCE recommendations are designed to give broad brushstrokes around the global issues of democracy. It is true that some countries require ID at polling stations, but they are countries with a national ID card. We do not have a national ID card in this country. It is not part of our culture and I would certainly oppose it, were it proposed. In fact, I believe that the Prime Minister said that if he were ever asked to produce an ID card, he would eat it. I think there is probably consensus that we are not seeking a national ID card, which is why it is so surprising that this piece of legislation requires ID to exercise the basic fundamental human right of voting in a democratic country.

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Alec Shelbrooke Portrait Alec Shelbrooke
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May I ask the hon. Gentleman the same question I asked the hon. Member for Lancaster and Fleetwood (Cat Smith)? Does he disregard the recommendations of the OSCE?

Brendan O'Hara Portrait Brendan O’Hara
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I do not regard any findings of the OSCE, but what I think is important in this place, looking at UK-wide elections, is that we have a measure that works for United Kingdom general elections, and this is one that absolutely does not. The right hon. Gentleman says we should be reinventing the wheel and starting from scratch. There is a debate to be had, but the imposition of this kind of voter ID now is absolute nonsense and there is no evidence whatever to justify it. This is, therefore, actually a ploy to stop people going to the polling station in the first place. I believe it really is as crude as that. The Government plan appears to have been to conjure up a demon, convince people that that demon is posing a threat to them, and then allow themselves to introduce draconian and totally disproportionate measures to slay the demon they have just invented.

The fatal flaw in that argument is that there never was a demon. No matter how the Government have tried to spin this, people know that there never was a demon and that there is nothing to see. Now, the United Kingdom Government stand accused of a sleazy attempt to gerrymander the register for their own electoral gain.

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Mark Fletcher Portrait Mark Fletcher (Bolsover) (Con)
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There have been moments today, listening to Opposition Members, when I have felt like I have been missing my tin foil hat. My hon. Friend the Member for Gedling (Tom Randall) and I turn up to all these events united in a purpose, because we both lived through an experience in Tower Hamlets that is incredibly difficult to forget. When I am told that there is no problem with our elections, I find it very hard to square that with my experiences.

One of the key things, as I mentioned in a recent Westminster Hall debate, relates to what happened in Tower Hamlets. There was a tremendous injustice and a court case that overturned an election. Some people involved included one of my political mentors, Councillor Peter Golds. However, we were not campaigning for the Conservatives to win an election. This was not about the Conservatives—for some strange reason, the Conservatives are not a great electoral force in Tower Hamlets. It was very much about an independent group that had won the election, and in fact, the Labour party was the runner-up.

During the campaign, we saw postal vote harvesting on an immense scale. We saw a level of personation that was mind-blowing to those of us who care about our democratic system. We saw intimidation and, as my hon. Friend the Member for Wycombe (Mr Baker) mentioned in what I thought was an astoundingly good speech, “undue spiritual influence”. That had been on the statute book for a long time but no one considered it particularly relevant any more. There was a great injustice and those of us who were political campaigners could see it play out, because after a while we knew what we were looking for. No matter who we complained to—the Electoral Commission or the Metropolitan police—no action was taken.

I appreciate all the points that Opposition Members have made that there is not really an issue because there are very few cases, but we had a court case on these issues that was brought not by any of the authorities that oversee elections, but by four members of the public who acted as electoral petitioners. They were the ones forced to undertake that action, because our system was failing. When people say that there is no issue in this country, that personation is not a problem or that we should be looking at every other issue that has been listed today, I say politely that we have ignored this issue for a long time and our authorities would not act.

The judge in the Tower Hamlets case, whom my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) quoted earlier, said:

“The real losers in this case are the citizens of Tower Hamlets and, in particular, the Bangladeshi community…Even in the multicultural society which is 21st century Britain, the law must be applied fairly and equally to everyone. Otherwise we are lost.”

Alec Shelbrooke Portrait Alec Shelbrooke
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Can my hon. Friend think of any other example of Members saying in this House that victims should be ignored because there is not much of a problem?

Mark Fletcher Portrait Mark Fletcher
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No, I cannot easily recall such an issue, and I hope that that is never our approach in this House.

I appreciate that Opposition Members have raised many points that they feel equally strongly about, but I just think that they are in the wrong ballpark. If they were being consistent, they would be campaigning to repeal the voter ID laws in Northern Ireland, which are incredibly successful and were brought in by a Labour Government.

I just think that there is a huge inconsistency in what has been happening today. I am no fan of the Electoral Commission, which I think could be abolished and replaced tomorrow with something considerably more successful, but the commission has called for voter identification. My right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) has repeatedly made the point that international organisations have called for voter ID to be brought in. The vast majority of people in this country have an ID that they use day to day. For those who do not, who are absolutely a fair group of people to talk about, there is a readily available system in the Bill with financial support to ensure that they are not disfranchised. I honestly cannot work out why the Opposition are making such a song and dance about a system that will be strengthened.

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Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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I can do no better than repeat what my hon. Friend the Member for Bolsover (Mark Fletcher) said about voter ID, which has been explored a lot today. I should add that I have heard many odd conspiracy theories from the Opposition in this debate, not least from the hon. Member for Cynon Valley (Beth Winter), who said that Vote Leave was a branch of the Government. I think David Cameron and George Osborne might take issue with that.

In the brief time I have, I want to focus on the parts of the Bill that deal with online campaigning, digital media and digital imprints. Probably one of the most dangerous and pervasive abuses in our political system has come through the growth of social media. I am lucky: I am a man—I do not get the horrific abuse that women get when they stand in politics. Men can have sympathy with that but not empathy, because I have never been told that I am going to be raped and murdered, that my children are going to be killed or anything like that, but women experience that on social media on a daily basis. The provisions in the Bill to crack down on the intimidation of candidates and people who put themselves forward for public services are extremely welcome.

There is an important point to be made about faith in democracy. Lots of people have mentioned the American election, and I also want to do so. What happened on 6 January was an utter disgrace, and everybody who values democracy believes that, but it was mainly amplified to that public by social media and the outputs that stirred it up. We cannot stop that, but when there are other campaigns with conspiracy theories underneath, we can demand that there be an imprint on social media content to say where it has come from.

In general election campaigns, conspiracy theories are pushed that seek directly to undermine the validity of democratic arguments. We in this Chamber may have huge disagreements, but we all know that we cannot have a democracy unless we disagree with each other, and there should be an honest debate about that among us. If stuff is being published and we do not know where it comes from, we have to question its validity. Equally, if we say that it is from the Conservative party, the public will view it as a message from the Conservative party and certain things will be built in in respect of how people interpret and view that.

The steps in the Bill that cover the development of electronic media over the past couple of decades are an important, modern way to address an issue that so far has not been addressed. As an overall package of measures, the Bill has my full support.

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Tom Randall Portrait Tom Randall (Gedling) (Con)
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It is a pleasure to follow my hon. Friend the Member for Bolsover (Mark Fletcher) with whom I have campaigned for many days and hours in Tower Hamlets. My first experience of Tower Hamlets elections was the infamous 2014 election, which was later declared void. As a polling agent at Three Mills Primary School in the Isle of Dogs, I watched from afar as voters ran a gauntlet of activists brandishing leaflets. The activists were very aggressive to voters, especially women, as they entered the polling station. When I went in to speak to the police officer about it, he shrugged his shoulders and said, “Tower Hamlets, innit.”

What I saw at Three Mills Primary School was not the worst. The Mawrey judgment quotes a Labour polling agent who said that she was with her husband in the car and people were banging on the windows with leaflets. She said:

“The situation was so bad that I thought there was going to be some sort of accident. I could not even open a door and we had to go down another road.”

An election was stolen in Tower Hamlets, but despite all the intimidation, it did not actually cross the threshold of an electoral offence, so I am glad that that aspect is being tightened up. There has been a constant refrain today that fraud is rare, but it is like a curate’s egg; if it is bad in parts it affects the whole, and it has been partially bad in Tower Hamlets, Slough, Birmingham and elsewhere. I welcome both the reform to handling proxy votes and postal votes and the introduction of voter ID. As Mawrey identified in his judgment, there was at that election in Tower Hamlets an appreciable amount of impersonation by false registration.

I would like to focus the limited time that I have on the police, because there has been constant talk about the fact that there is no evidence of electoral fraud. Well, there will be no evidence if the police do not investigate it. Before the Public Administration and Constitutional Affairs Committee this morning, Peter O’Doherty of Thames Valley police said that the situation was much improved. I did not embarrass him by saying that he was starting from a very low base. Mawrey, in his judgment on conduct at polling stations, said:

“In the light of the two other groups of statements, an unkind person might remark that the policemen and polling staff had appeared to take as their rôle models the legendary Three Wise Monkeys.”

There has been a whole catalogue of allegations, and I do not have time to go through them this afternoon. Many of the allegations that have arisen from the Rahman trial have not been investigated by the Metropolitan police. I think that there is scope—I appreciate that it is outside the scope of this Bill—for complex electoral fraud to be taken out of the hands of the police and possibly placed with a specialist unit.

Alec Shelbrooke Portrait Alec Shelbrooke
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I am listening very carefully to what my hon. Friend is saying. Do his comments basically throw out this argument that only three people have ever been prosecuted?

Tom Randall Portrait Tom Randall
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I will give my right hon. Friend one example, of which there are many. In the Mawrey judgment of 2014, Kabir Ahmed was found to have used a false address to register a vote, but no further action was taken. Having had no action taken against him, he was elected as the Aspire candidate in the Weavers ward by-election in Tower Hamlets last month. There are people who are getting away with it, and people will continue to get away with it if no action is taken.

I support the Bill but there needs to be a culture change, with the development of specialist officers, perhaps from a different agency within the police, other than a county force. I welcome these measures, but they are just a start. If we are going to increase the number of convictions for electoral fraud, we need to ensure that we have the systems in place properly to investigate these cases, and then we will have numbers to show how widespread the problem can be.

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Robin Walker Portrait The Minister of State, Northern Ireland Office (Mr Robin Walker)
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I thank you, Mr Deputy Speaker, and all hon. and right hon. Members who have contributed this afternoon. It is a pleasure to once again take part in a full debate in this Chamber. May I take the opportunity to welcome the hon. Member for Chesham and Amersham (Sarah Green)? I congratulate her on a very gracious maiden speech and the kind tribute that she paid to her predecessor, who was a dear friend of so many on the Government Benches.

I welcome the opportunity to close this debate as the Minister with responsibility for elections in Northern Ireland, a part of our United Kingdom where photographic ID has been used successfully to support the integrity of elections for a number of years and where, thanks to legislation introduced by the last Labour Government with cross-party support in both Westminster and Northern Ireland, there is a higher degree of confidence in the integrity of elections than in any other part of the UK. One of the hon. Members from the SNP, who is no longer in his place, intervened to ask the Minister for the Constitution and Devolution about the evidence from Northern Ireland, and I want to talk a bit about that.

As we have heard, voters in Northern Ireland have first-hand experience of one of the measures at the heart of this Bill: the requirement to show photographic ID at polling stations. That requirement is an accepted and non-controversial part of elections in Northern Ireland that has been in place for decades and enjoys cross-party support. Although turnout in Northern Ireland is, historically, usually lower than in Great Britain, in the first election after the introduction of photographic ID, turnout in Northern Ireland was unusually higher than in England, Scotland or Wales.

Alec Shelbrooke Portrait Alec Shelbrooke
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We have heard a lot of spurious arguments today about voter ID. Was that not exemplified just now by the hon. Member for Putney (Fleur Anderson), who said that low turnouts favour the Conservative party? There was a 59% turnout in 2001. I would like to erase the history of Tony Blair, but I believe that he had a 166 majority.

Robin Walker Portrait Mr Walker
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My right hon. Friend makes a powerful point. Certainly, in my experience, the higher the turnout in my constituency, the higher my majority has turned out to be.

This measure in Northern Ireland has helped to prevent electoral fraud, and it has not affected participation. Labour Ministers said at the time of its introduction—I want to quote this in full—that the measures

“will tackle electoral abuse effectively without disadvantaging honest voters,”

ensuring

“that no one is disenfranchised because of them.”—[Official Report, House of Lords, 1 April 2003; Vol. 646, c. 1248.]

They added that

“the Government have no intention of taking away people’s democratic right to vote. If we believed that thousands of voters would not be able to vote because of this measure, we would not be introducing it at this time.”—[Official Report, 10 July 2001; Vol. 371, c. 739.]

I do not always agree with pronouncements from the Front Bench in the era of Blair and Brown, but in this case they were 100% right. There is no evidence that ID has negatively impacted turnout. Levels of satisfaction with the electoral process are usually slightly higher in Northern Ireland.