Elections Bill

Baroness Gale Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Baroness Gale (Lab)]

My Lords, the Government argue that this Bill will strengthen democracy, but I am not sure how that can be so. For example, in a democracy, how can a Government interfere with and undermine the independence of the Electoral Commission?

There is concern in Wales that the Bill’s provisions regarding the accountability of the Electoral Commission, as currently drafted, are incompatible with the accountability arrangements established by the Senedd and Elections (Wales) Act 2020 between the Electoral Commission and the Presiding Officer’s committee in the Senedd. Will the Minister agree to work with the Welsh Government to find a solution to this concern?

The Welsh Government do not support the introduction of voting ID, the placing of unnecessary constraints on postal and proxy voting, or the extension to the overseas franchise, and they will not use voter ID in the elections that they control. There is quite a contrast between what the UK Government believe about democracy, as contained in this Bill, and what the Welsh Government are doing by taking action to improve democracy in Wales.

Although agreement has been reached on the Bill between UK and Welsh Ministers, other than on intimidation and digital imprints measures, so there is no opposition in principle, the Welsh Government believe that they have the competence to legislate on these matters. On intimidation, for example, it is the Welsh Government’s view that every legislature should have the freedom to determine its own disqualification regime for the elections for which it is responsible. The same principle applies to the digital imprint. Would the Minister be prepared to work with Welsh Ministers on the areas where there is no agreement at the moment? I think, from what he said in his opening remarks, he would be prepared to do that; he talked about bringing forward amendments.

Participating in democracy is strongly linked to improved outcomes. Supporting people to overcome the barriers they experience because of their socio- economic conditions is essential to achieving our overall aim of improving participation rates and experiences. To increase participation, the Welsh Government plan to hold pilot schemes with four local authorities for the local elections in May. These pilots will provide new flexibilities for the electorate in Wales and people will be encouraged to make use of them, especially those who might not have originally planned to vote.

The measures the Welsh Government are taking include having advance voting during the week leading to election day. A new polling station will be created in a school for registered students of that school only, and, in two local authority areas, council offices will be used as a polling station for all residents of the county on the weekend before polling day. I hope this will be a successful pilot and will lead to greater participation, in contrast to some of the measures in this Bill. Electors in Wales will have greater choice about when they will vote in local and Senedd elections, but they will face barriers and inconveniences when it comes to the general election. I hope that UK Ministers will have a good look at the results of the pilot scheme when they come out and see whether they can learn from them.

I have received a very good briefing from Age UK, as I am sure many other noble Lords have. Age UK does not welcome the Elections Bill’s introduction of photo ID for in-person voting and has significant concerns regarding the impact this will have on older people. I quote its briefing:

“Older people are more likely to face hurdles when voting, including barriers to accessing transport and limited mobility which make getting to a polling station a lot harder … the proposed addition of compulsory photo ID will add to barriers to in person voting … If photo ID proposals are carried unamended … mitigating measures such as the provision of free photo ID to people who lack these documents should be made as accessible as possible. Additional provision of free photo ID for elections will be costly and complex for local Returning Officers to administer and must be supported by central guidance and funding … Increasing confidence in the integrity of the electoral system is important but with no evidence that personation fraud in the UK is widespread and evidence that in small pilots, over a hundred people were unable or unwilling to return to a polling station to present valid photo ID, it feels that the introduction of this security measure is disproportionate to the threat of personation fraud. Age UK believes the proposal represents a sledge hammer to crack a nut.”


Like many organisations, Age UK opposes Clause 1 on voter identification. With so many organisations opposed to it, I hope the Minister will take note of these remarks. I look forward to his reply.