Ballot Secrecy Bill [ Lords ]

Alex Norris Excerpts

Committee stage
Tuesday 7th March 2023 Public Bill Committees

[Wayne David (Caerphilly) (Lab)]

I rise to ask a simple, straightforward question. The Bill applies to parliamentary elections across the United Kingdom, including Northern Ireland. It applies to English local elections and Northern Ireland Assembly elections. As was said, it does not apply to Scotland or Wales. Rather than just informing the Administrations in Scotland and Wales of this modest change to legislation, have there been any approaches to see whether the Sewel convention could be used, so that the legislation will automatically apply to Wales and Scotland, with their consent?

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Mr McCabe.

I thank the noble Lord Hayward for sponsoring this important Bill in the other place and I congratulate him on securing its swift progress through to its Commons stages. I congratulate the hon. Member for Peterborough on his work in this area and on the case he made for the Bill this morning, which was very good and a handy way to start the discussion.

This is a short but important Bill for the integrity of our elections and our democracy more widely. As was covered during debates in the other place—they are very much worth a read, and it was helpful that the hon. Gentleman brought them into this debate, because some of those contributions were excellent—it is crucial that our democratic process is free from abuse and intimidation. That was the spirit of the 1872 Act, 151 years ago, which curtailed many of the terrible practices that occurred in elections before its passing. As was explained in the other place, however, a clear and identifiable problem remains with the Act as it stands: it does not give presiding officers the right tools to tackle the problem of people being compelled to vote one way, or not at all, by others.

It is unacceptable that such practices still occur. The intimidation of voters is contrary to all our democratic principles, but the law as it stands lacks clarity on the matter. That has been acknowledged by the Electoral Commission, which it is helpful to note. There is therefore clearly a case for changing the legislation and making such practices an offence. The Bill will do exactly that.

I associate myself with the comments made by my hon. Friend the Member for Lancaster and Fleetwood about a bigger piece of work to consolidate our electoral law in one place. The Law Commission report is a good starter. Those points were well made, and I share them.

Important reassurances were given in the other place—I am sure the Minister will reiterate them—about disabled voters continuing to have any assistance they need to vote, where necessary. That practice, which is right and proper, will not be impacted by the Bill. Last week, I took part in an event—as did the Minister—organised by the My Vote My Voice campaign, which aims to improve participation in voting by adults with learning disabilities and/or autism.

I have had similar such conversations about voting with people with Usher syndrome, those who are deaf and blind more generally, and those who are blind. They all say the same thing: they want hurdles to voting lowered so that they can vote with greater confidence. Happily, the provisions in the Bill do not impair that, but there is something to be said for going above and beyond the Bill, building out from it to ensure that the right technologies are available or that there is staff training. The hon. Member for Peterborough also talked about staff training and how—including under the Elections Act 2022—there should be more training on how to ensure that people living with disabilities can vote independently. We would not then have to worry about another person being there, because the assistive technologies are there—those exist, and that is what such electors want. I hope we build out from this legislation in that way.

To conclude, it is important that we have good, strong law in this area, to provide a clear understanding of what is and what is not acceptable practice at a polling station. The Opposition support the Bill and look forward to its timely passing.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

It is a pleasure to serve under your chairmanship, Mr McCabe.

I am pleased to say that the Government also support the Bill, which is being sponsored by my hon. Friend the Member for Peterborough. We are grateful for his efforts and work in this regard. I join him in paying tribute to Lord Hayward, who has been an absolute stalwart in pushing forward this important agenda and ensuring that the Bill is before us today. He is joined in the Public Gallery by a number of others with interests in this area, including Councillor Tanner and Councillor Peter Golds.

My hon. Friend’s Bill arises from concerns over so-called family voting, which we have discussed, which is when family members or others accompany voters into a polling booth in a polling station for the apparent purpose of influencing or guiding how they cast their vote. The Government share the concerns expressed about the issue and we are committed to safeguarding our democracy against those who would harm it. That is why we are supporting the Bill.

I will run through the clauses briefly, but I do not seek to detain the Committee for too long. Clause 1 makes a number of important changes. As my hon. Friend the Member for Peterborough explained, it outlines that a person commits an offence if they are with a voter in a polling booth, or near it, but it also sets out the reasons why people would not be committing an offence in appropriate instances, which have already been outlined—with those who need assistance or are disabled.

As the hon. Member for Nottingham North said, both of us in the past few days have been to events—I am grateful to him for supporting and helping to organise an event last week—at which the importance of greater participation and greater involvement in the democratic process was clear. Those events aim to encourage and support those who need additional assistance, which is a vital part of the electoral system, although we must also ensure that we can do the things that my hon. Friend the Member for Peterborough is requiring under the Bill.

I hope the hon. Gentleman can see some of the changes that are being introduced in May, particularly with regard to people with sight loss and trying to provide a greater range of options and technology to support them, as a step forward and part of that broad agenda.

Ballot Secrecy Bill [Lords]

Alex Norris Excerpts

3rd reading
Friday 24th March 2023 Commons Chamber

[Alex Norris (Nottingham North) (Lab/Co-op)]

I add my congratulations to Lord Haywood on initiating this important Bill in the other place and on securing its progress so far. If it is successful—I think we can have complete confidence in that success—it will be the first private Member’s Bill in several years to start in the other place and make it on to the statute book. That will be no mean achievement and I know that we will get a decisive step closer to that goal today. I also congratulate the hon. Member for Peterborough (Paul Bristow) on his leadership of this legislation in its proceedings in the Commons and on the case he has ably made for his Bill today and in previous sittings.

Significant contributions were also made by other Conservative Members. I want to cover the point made by the hon. Members for North Devon (Selaine Saxby), for Old Bexley and Sidcup (Mr French) and for Darlington (Peter Gibson) about disability in a moment, because it is such an important point—let me associate myself with the comments they made about its importance.

First, however, I wish to deal with something that the hon. Member for Harrow East (Bob Blackman) said in an intervention. He always has interesting points to make on our democracy and how it runs, some of which I agree with and some of which I do not, as he knows. The one he made about guidance is so important—guidance is always important. We are all saying today that voting is an individual act, a “private act”, as the hon. Member for Blackpool South (Scott Benton) characterised it. If that is the case, we have to make it easy to do, so that, in general, a person would not need to solicit support because the guidance is so clear and things are obvious.

I am less of a fan of the more complicated and novel systems of election, but sometimes there may be multiple candidates and that does get tricky. When the single transferable vote is used, people wonder whether to vote in the first column or the second column—that can get tricky. It is up to the regulators and, obviously, the leadership in this place, to make sure that that guidance is so clear. That touches on the point made by the hon. Member for Crewe and Nantwich (Dr Mullan) about the staff working in the polling stations, as we need things to be easy for them too. We cannot now have a significant range of burdens, or even tensions or anxieties, for them in respect of having to become enablers and supporters of votes; they do not want to be going anywhere near those booths either. The guidance has to be really clear, both for the individuals and for the staff we ask to administer those elections.

I wish to make a point or two of my own, but I am pleased that there is such consensus on this issue. As the hon. Member for Peterborough said, this is fundamentally a point about clarity. No matter how well established the spirit of the Ballot Act may be, 151 years later there is a lack of clarity, and the Bill adds that clarity. Our democratic processes must be free from intimidation and—a point made by the hon. Member for Crewe and Nantwich (Dr Mullan)—free from inducement as well. That was the spirit of the Act which put into law the secret ballot that we enjoy to this day. In one fell swoop, it put an end to the egregious practices of landowners and employers influencing their workers’ or tenants’ votes.

However, a clear and identifiable problem remains with the Act: it does not give presiding officers the right tools to fully tackle the problem of people being compelled to vote in one particular way, or indeed not at all, by others. Those practices are always unacceptable, but they do happen, and this is the moment for us to act to end them. Intimidation of this kind goes against all our democratic principles, but there is an ambiguity, which the Electoral Commission has highlighted, so the case for change is clear.

In the other place, the Government provided important reassurances about the continuation of any assistance that disabled voters may need in order to vote. That is right and proper, and I am glad that it will not be affected by the Bill. As we heard from my hon. Friend for Darlington (Peter Gibson), there was a “build-out” for this in the Elections Act 2022. Nevertheless, I think that, as far as humanly possible, we should collectively seek to render this moot by providing appropriate assistive technologies enabling disabled people to vote independently, which would remove the need for another person to be there.

In Committee I mentioned the My Vote My Voice campaign, which aims to improve participation in voting by adults with learning disabilities and/or autism, as well as campaign groups representing deaf people, blind people, people living with Usher syndrome, and deaf-blind people more generally. They want the right technologies and support to ensure that as many people as possible—indeed, virtually everyone—can vote, and vote independently. That should be our aspiration. As I have said, the Elections Act has moved us in the right direction, but I suspect that we will need to monitor the success of its provisions and those of the Bill, and I dare say we may need to go further still in the fullness of time.

Notwithstanding those points, the Opposition welcome the Bill and are glad to support it today. It is vital for us to have clear law in this area, with no ambiguity about what is and what is not acceptable practice at polling stations, and the Bill constitutes an important step towards ensuring that happens.