Elections Bill

Alex Norris Excerpts

Report stage
Monday 17th January 2022 Commons Chamber

[Kemi Badenoch]

I think the hon. Gentleman may be confused as to the reasons why we are making this change. We have had several transfer of functions orders to ensure that we minimise disruption due to the wording around the membership of the Speaker’s committee.

We propose to amend clause 15 so that the Minister of the Crown appointed to exercise concurrent membership of the Speaker’s committee with the Secretary of State does not have to have specific responsibilities in relation to the constitution, or any other portfolio, in order to be appointable. These amendments will not amend the overall Government membership of the committee because, as is currently the case, the Secretary of State and the Minister would not be able to attend committee meetings jointly and deputisation would not be available to the other Government member of the Speaker’s committee.

Additionally, amendments have been tabled to update the Bill to reflect the recent machinery of government change. On 8 December, elections policy was formally transferred from the Cabinet Office to the Department for Levelling Up, Housing and Communities. Some provisions in parts 5, 6 and 7, and in certain schedules to the Bill, currently refer to “the Minister”. That is defined in clause 60 as meaning the Secretary of State or the Minister for the Cabinet Office. In order to bring the Bill into line with the new allocation of responsibilities within Government, these amendments replace those references so that they refer only to the Secretary of State. I urge the House to support these practical amendments.

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

It is a pleasure to speak for the Opposition in these proceedings. I am taking on this role partway through matters, but fortunately I stand on the shoulders of outstanding colleagues, particularly my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith), who did a tremendous job and will no doubt continue to do so. Having read the Official Report of the Committee stage, I suspect that the Minister is rather relieved to face off with me rather than my hon. Friend—although she is in her place, so perhaps it is a two-for-one proposition.

Although the personnel may have changed, the fundamentals have not. This is a bad Bill. It is full of solutions in search of problems. Rather than opening up our democracy to greater participation, it will do the opposite, all the while further weakening our democracy to dodgy finance. It is conventional to call it Trumpian, but it is not even that. It is the sort of partial nonsense that can be seen in US statehouses: partisan leaders who just cannot help themselves, gerrymandering and seeking to tilt election outcomes by putting their thumb on the scale. Do not take my word for it, Minister; the Government should have heeded the calls from the Public Administration and Constitutional Affairs Committee in its excellent report, when it said that the Bill ought to be paused.

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[Justin Tomlinson]

In that case, why does my local Labour party insist on photo voter ID when it comes to select my opponent in each election?

[Alex Norris]

I confess that I had hoped the hon. Gentleman would ask me that. I have been a Labour party branch secretary, branch chair, constituency secretary, constituency chair, councillor, Member of Parliament and shadow Minister, and I have never once been asked for voter ID at a meeting. That has only ever happened in cases where certain Labour parties were in special measures and it was seen as a proportionate protection. It is proportion that we are talking about.

The hon. Gentleman said in a previous contribution that there is enthusiasm in Swindon for the measure to tackle that one solitary aspect of personation. In fact, if we were to replicate the findings of the pilots he relies on across the country, 184,000 people who wanted to vote would be turned away and would not return. That makes it 184,000 to one; this is racking up faster than Downing Street parties. The Cabinet Office itself says that that approach will exclude 2% of the electorate without the right form of ID, but according to the Electoral Commission the actual figure of those without the right ID will be between 1 million and 3.5 million.

In addition, the people excluded will not be evenly spread and that goes to the heart of the Government’s problems with inclusivity in the Bill. Some 77% of people in the UK hold a full driving licence, whereas the figure for black people is 53% and the one for Asian people is 61%. Similarly, according to the Joseph Rowntree Foundation, the poorest are six times more likely than the best-off to miss out under these proposals—the measure is not inclusive.

[Jerome Mayhew (Broadland) (Con)]

Does the hon. Gentleman not accept that the Bill also includes provisions for totally free and suitable photographic ID for anyone who needs it, so the poor are protected?

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[Alex Norris]

The hon. Gentleman reads my mind, because I was about to turn to that issue. I was going to say that the Government will now instead rely on a voter card. First, putting hurdles in the way will take people out and reduce turnout. That alone is a bad thing, but, again, the effect will not be evenly distributed; it will be harder for those in rural communities, who have further to travel, to make good. Indeed, what about those who live with a disability and all the extra burdens in their lives—why on earth would we give them another one, not least when we are not really solving a problem?

The Association of Electoral Administrators has raised serious concerns about the huge burden on overstretched local authorities, which will be supposed to deal with photo ID cards alongside the burden of registering significant numbers of new or overseas electors—I will reference them shortly—ordinary registrations and renewed postal voters. We know that that that burden peaks at the same time, approximately six weeks before an election, because, funnily enough, people work in those cycles.

Governments ought to bring people together, and the Government have succeeded with these provisions, as they have united civil society. They have united academia and cross-party Select Committees against them. Why will the Government not listen? If they want that secure, fair, modern, inclusive and transparent Bill, they should accept the amendments. Should they not do so, we will know what they really want from the Bill.

[Lloyd Russell-Moyle]

My hon. Friend is making excellent progress. One point made by Government Members is that people could apply for ID. Even where non-photographic ID was used in the trials and given to everyone, about 1% of people were turned away just because they had forgotten to take it from their house to the polling station. Now in a number of our seats 1% is a margin of error that would have changed the course of an election, and in tight years it could change the course of who is in government. Does he think it is right that the measures could change the course of who governs this country?

[Alex Norris]

I want the course of elections to be changed by people—by those eligible to vote. Although some of the seats in this place come down to very fine margins, across virtually every council area there are hyper-marginal seats, and indeed hyper-marginal councils, that will swing on this measure. As I have said, the Bill seeks to tackle something that has yet to be proved to be a problem.

[Marsha De Cordova (Battersea) (Lab)]

My hon. Friend is making an excellent speech thus far. He has talked about the need for photographic ID. The Equality and Human Rights Commission made it clear that the groups that would be affected included people from different ethnic minority backgrounds, older people and, more important, disabled people. The Bill is doing more to disenfranchise disabled people by depriving them of accessibility.

[Alex Norris]

My hon. Friend knows that of which she speaks. In this place she is a leading campaigner on such issues, and that is exactly what the campaign groups and the representative groups are saying. The only people who do not seem to understand that point are the Government.

Let me now turn to inclusivity. Our amendment 2 seeks to retain the current requirement for returning officers to make specific provision at polling stations to enable voters who live with blindness or partial-sightedness to vote without any need for assistance from the presiding officer or any companion, and to change the nature of that provision from “a device” to “equipment”. As it stands, the Bill could have the dangerous consequence of removing the fundamental principle that electoral staff must enable voters to vote

“without any need for assistance”.

Although we recognise and support the broader duty in the Bill to enable all people living with disabilities to vote, it is wrong not to carry over the previous requirement to enable people to vote

“without any need for assistance”.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Does my hon. Friend agree that that measure will create a postcode lottery for people who are partially sighted or blind, because it will depend on which returning officer will decide what equipment will be provided?

[Alex Norris]

That is an excellent point. The question of who provides the requisite equipment and who does not will differ greatly between authorities. I cannot believe that that is the Government’s intention, and I hope that in her closing speech the Minister will clarify how the problem is to be resolved.

Let me now deal with new clause 1. If the Government were truly serious about improving democratic engagement and modernising democracy, they would extend the franchise to 16 and 17-year-olds who live in this country. Much has already been said on the subject, but I want to add a significant element to the debate. The greatest risk to our democracy, and to democracies globally, is apathy. If people stop valuing it, they will care less when they see it eroded. The best way to build a culture of participation is to start early. We already expect to remain connected to 16 and 17-year-olds through education, employment or training. We should be using that time to teach and develop an interest in citizenship—in our rights and responsibilities. The right to vote is an anchor in that regard. Let us use the time that we have with those young people to talk about voting—about their local councils, and about national Government.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

One issue that I discuss regularly with my constituents, especially young voters, is their wish to participate in our democracy, and when I visit schools, colleges and sixth forms up and down the country, that issue arises time and again. Does my hon. Friend feel that this is a missed opportunity for the Government to include those young people in our democratic process?

[Alex Norris]

I share my hon. Friend’s view. What I hear during my visits is very much in line what she is hearing. We know that 16 and 17-year-olds, when given the chance, take it very seriously. In Scotland and Wales, they have higher rates of turnout than 18 to 24-year-olds, with 75% voting and 97% saying that they would vote in future elections. They have also accessed more information from a wider variety of sources than any other age group. They have taken it seriously, and we ought to take them seriously.

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[Dr Evans]

Thank you, Madam Deputy Speaker. I was simply asking how that fits into the perspective that the hon. Gentleman has just been putting across.

[Alex Norris]

I am grateful to the hon. Gentleman for his intervention. I hoped that we were going to talk about his new clause, but instead, as he knows as well as I do, he is creating a false equivalence between a licensed event and going to vote in a polling station, where, as yet, I have not been offered a pint at the ballot box. Maybe that will be in the next elections Bill.

[Mr Steve Baker (Wycombe) (Con)]

Voting Labour is much more dangerous than having a pint.

[Alex Norris]

The hon. Gentleman knows that I will always take an intervention from him, so should he wish he will find me in listening mode.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

With regard to voter participation among 16 and 17-year-olds in Scotland, another reason we have such a healthy turnout is that all the elections in which they participate are conducted on a proportional basis. There are amendments tonight that would extend that to elections to this House. Will the hon. Gentleman be supporting them?

[Alex Norris]

I have significant issues with new clause 13, as drafted, which simply asks to introduce a proportional system. For something as seismic as that, there ought to be greater detail about what is being proposed. I am also a strong believer—this speaks to new clause 5 in the name of the hon. Member for Argyll and Bute (Brendan O’Hara)—in the desirability of a citizens convention on our democracy that would look at voting systems but also look a lot more widely. This is a good moment and a good mechanism to reboot our democracy.

On new clause 14, in my name, and new clause 10, having left the European Union, we need new, easy-to-understand arrangements that are fair. People who live in this country ought to have a say in how it is run and the services that affect their lives. It is odd that the Bill does not do more for them, and indeed does more for those who do not live here than those who do. The provisions we seek to implement would address that, and I hope they are looked on favourably.

Turning to new clauses 2 and 9, the Bill creates another odd paradox. It opens the floodgates for a potentially large influx of foreign-based money into our democracy, but at the same time makes it harder for civil society organisations, charities and trade unions to have their say, despite the massive contribution to British life that they make. What is fair or transparent about that?

Labour Members are on record as thinking that 15 years is a reasonable and proportionate amount of time for someone to retain a vote after leaving the UK and for the arrangements to ensure that they can to remain practical. We fear that the Government have created a system vulnerable to overseas interference. It allows a person to call up any and every local authority to say that they were resident in the area 30 or 40 years ago, provide flimsy proof—it will not be photo identification, that is for sure—and then be able to donate massive sums of money. I would hope to hear from the Minister that that is not the intention, but nevertheless there is a chance to make good on it. New clause 2 would simply prevent anyone registered as such an overseas elector from donating to political parties in the UK, while new clause 9 would require individual and company donors to be based in the UK while making those in charge of companies liable for any offences caused. We also have new clause 16 tabled by my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne). So if the Minister really does not want to see that weakness in our democracy, she has a real menu to choose from and she will find us very supportive, because these are proportionate safeguards.

Research from The Times shows that the Conservative party was able, through existing methods, to accept about £1 million from UK citizens living in tax havens ahead of the 2017 general election. The Bill takes away the barriers that kept it at £1 million. The strength of feeling on the issue is shown by the variety of other new clauses—2, 8, 16 and 18—that cover that subject. As the Government seek to ensure that those in tax havens have a stronger voice, they are seeking at the same time to undermine the ability of civil society organisations, charities and trade unions to engage in our democracy. Amendment 3 would remove those provisions.

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[Alex Norris]

There are many difficult decisions to make in this place—matters of fine balance, of public policy or of genuine disagreement—that are hard for all right hon. and hon. Members, but this is not one of those. This is a bad Bill brought forward by a bad Government in the pursuit of bad intentions. They have pushed it through without pre-legislative scrutiny, avoided the Committee of the whole House and changed the electoral system for duly elected posts in this country between Second Reading and Committee and during Committee stage.

The Bill has been rushed. It has been debated today on tiny margins—Third Reading will last for seven minutes. The Government could have sought to build consensus, if they had really wanted to tackle the problems that they said they did, but they have not.

What is the sum total of the Bill, when we take account of what the Government have proposed? If someone lives in this country, it will be harder for them to vote. If they live in a tax haven, it will be easier for them to take part. If they work for a poverty charity, it will be harder for them to express their views, but if they have deep pockets, it will never have been easier—[Interruption.] Government Members have had their opportunity; now I will have mine.

The Electoral Commission—an anchor institution in protecting politics from itself—is again to be fettered. That is what the Government want. They want silenced opposition and weaker rules on big money.

As the Minister said in her summing up and in previous stages of the Bill, I know that she has not liked the Opposition, the issues that we have raised or how we have raised them. All I would say is, if she does not like what we have raised, she should wait for the public conversation on the Bill and the conversation in the other place. People will see through it.

I will finish by saying to hon. Members, as they make their decision on the Bill, that there are important questions coming up in the coming days that will define their time and this period in Parliament. This is one of those, because it is indelible. It will be on the statute book and they will be tied to it. We as custodians of this democracy should not be making such changes that weaken it in this way.