Elections Bill

Baroness Hayman of Ullock Excerpts

Lords Hansard - Part 2 & Committee stage
Wednesday 23rd March 2022 Lords Chamber

[Lord Stunell (LD)]

My Lords, I support both these amendments. Does the noble Baroness, Lady Hayman, wish to speak to her amendment first?

[Baroness Hayman of Ullock (Lab)]

Carry on—I will not be saying anything very different.

[Lord Stunell (LD)]

First, it is important to establish that there is a problem. I quote from the briefing supplied by the Electoral Commission to your Lordships on these amendments:

“There is more that could and should be done to modernise electoral registration processes in Great Britain, to ensure that as many people as possible are correctly registered.”


I believe I heard the Minister make the same point—that he believes it good public policy to get people registered. The Electoral Commission’s most recent estimate is that

“between 8.3 and 9.4 million people in Great Britain who were eligible to be on the local government registers were not correctly registered”.

As the noble Baroness, Lady Bennett, said, those figures were collected in December 2018. It says there are another 360,000 or more people in Northern Ireland not correctly registered. It also made the same point as the noble Baroness, Lady Bennett:

“Our research found that young people, students and those who have recently moved are the groups that are least likely to be correctly registered.”


Courtesy of the noble Baroness, Lady Whitaker, I would say that Travellers are very much in that group of under-registered people.

The Electoral Commission has published feasibility studies which identified that there is potential to evolve the current system. Those studies are reflected in the amendments before your Lordships today. Amendment 141 is one route to it—the two are not exclusive but it is one route—and Amendment 144B is another, to which we have added our names as well. It provides simply that, when a person is issued with a national insurance number, they receive their application for the electoral register.

The Electoral Commission makes two more points in its briefing:

“the education sector … could help EROs identify attainers and other young people. Also, data from the Department for Work and Pensions could potentially be used by EROs to register young people to vote automatically when they are allocated their national insurance number ahead of their 16^th birthday.”

I do not want to frighten the Minister; the Electoral Commission is not suggesting that they would vote from their 16th birthday but simply that, as attainers, that would be an appropriate time for them to apply to be put on as an attaining voter.

At least in theory, I think we are all in favour of all qualified UK citizens being on the electoral roll and we would all say that we would like them to exercise their vote. This legislation increases the number of people eligible to go on that register by virtue of what the Bill proposes to do in relation to overseas electors. We will debate that shortly.

Clearly, the Government do not have a problem with having a larger voting roll. They share the Committee’s view that it is desirable, in principle, that all eligible people should be on the roll, and yet, so far, they have been extremely resistant to doing that, as far as attainers in particular are concerned. In the light of the evidence that the Electoral Commission has produced, that it is a significant number and that there are solutions, and in a situation where the Minister has in front of him two amendments proposing practical ways to solve that problem, I hope that in winding up he will be able to say that he will take this back, give it further consideration and perhaps produce an appropriate government amendment on Report.

[Lord Scriven (LD)]

My Lords, throughout Committee I have kept coming back to the impact assessment. Right there on the front page of the impact assessment it says:

“What are the policy objectives of the action or intervention and the intended effects?”


It is:

“To ensure that those who are entitled to vote should always”—


always—

“be able to exercise that right freely, effectively and in an informed way”.

That is the intended consequence, the stated intention of the Bill before us: that those who are entitled to vote

“should always be able to exercise that right”.

People cannot exercise that right if they are not on the electoral roll. It is an absolute condition of always being able to exercise that right.

The amendments before us are absolutely bang on the money, in terms of what the intended policy of the Bill is in the impact assessment. As citizens of this country, we are all given automatic rights and responsibilities. Through that, we get certain certificates or automated numbers. We get our national insurance number automatically. We do not have to apply; it is automatically granted to us at 16. As the noble Baroness, Lady Chakrabarti, said, we are registered for taxation automatically. We get our NHS number automatically. If noble Lords asked the vast majority of the public if they would object to being automatically registered, I have seen no evidence that says people would reject that proposition. Whether people then go to vote is down to the politicians to encourage them, enthuse them and get them to the polling station.

The very fact that the Government’s policy is to “always” ensure that people are able to exercise their vote in an automatic, easy and effective way means that these amendments should be accepted by the Government. If they are not, I would ask the Minister to explain why not having automatic registration, and keeping what is on the face of the Bill, would actually meet their objective to

“ensure that all those who are entitled to vote should always be able”

to do so.

[Baroness Hayman of Ullock (Lab)]

My Lords, in speaking to my Amendment 144B, I would like first to take the opportunity to thank the Patchwork Foundation for its very helpful briefings on this matter. I will be brief because we have already heard that the current system of voter registration really is not working to the benefit of many people, and that voter registration rates are disproportionately low among young people and some minority groups.

There is confusion among eligible voters about how and when to register. The University of East Anglia carried out a survey in 2016 which found that two-thirds of electoral registration officers reported that citizens had complained to them about the voter registration process being bureaucratic, and that this had discouraged them from registering. Surveys of poll workers have also found that the most common problem that they encounter is citizens asking to vote when they are missing from the electoral register. Furthermore, a poll conducted by YouGov before the 2019 general election found that 16% of respondents believed that they were automatically registered to vote if they paid their council tax, and 17% believed that they were automatically registered when they turned 18. There is a lot of confusion and we belief that AVR will go a significant way in tackling the disparities and the inefficiency of the current system. It would diminish the impact of cyclical registration patterns, which can put so much pressure on voting infrastructure and the officials who are running and managing it. It would also go some way in bridging the current gaps in registration across various ethnic and social economic groups, as other noble Lords have said.

The UK is one of the few liberal democracies that does not already have some sort of system of AVR in place. Of 40 liberal democracies assessed by the Joseph Rowntree Reform Trust and the University of East Anglia, the UK came out as one of just six countries that does not have a system of either automatic or assisted voter registration. Where it is in existence, it has proved very effective at encouraging first-time voters to vote. By contrast, the UK is witnessing a fall in the number of young people registering to vote.

We have had quite a discussion on this, and I will finish by saying that this is terribly simple and straightforward. As other noble Lords have said, people are already written to ahead of their 16th birthday with their national insurance number. If we can do that, why can we not at the same time have an automatic registration to vote? We have the means to do it, so why do we not just get on with it?

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the Committee for the debate; it is a debate we had two years ago when we were discussing a previous Bill. If applying to vote was difficult or time-consuming, the Government might have more sympathy for this proposal, but it is not. It can be done online, by paper and post, in person, or by telephone, where the registration officer offers these services. Online, it takes five minutes and can be done anywhere, anytime, on a smartphone or a tablet; I have done this recently myself.

As a small but very positive step to encourage young people to vote, HMRC now includes additional information on registering to vote on letters issuing the national insurance numbers, and this practice has been in place since the end of September 2021.

These amendments contradict the principle that underpins individual electoral registration: that individuals should have ownership of, and responsibility for, their own registration. At this point, I say that some members of our communities do not want to register—we have all probably met people who do not want to go on the electoral register. Automatic registration would threaten the accuracy of the register and, in doing so, enable voting and political donations by those who are ineligible.

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[Lord Wallace of Saltaire (LD)]

My Lords, I speak to Amendment 150 and on some of the broader issues. I was quite worried, listening to the last debate and the Government’s answer. They now seem to be saying that they are not interested in broadening the number of people who vote, filling in the gaps in the register, or in much modernisation of the system, because they are quite happy with the inconsistencies that we have.

I think that the United States and the United Kingdom are the two democracies with the largest number of people eligible to vote who are not on the electoral register in each state or local authority. That is a scandal. It suggests that some of those behind this Bill are concerned with voter suppression, or at least with discouraging people from voting who they do not think may vote Conservative. That should worry us all. I fear that we are heading towards a bad-tempered Report, because the Government will railroad this through without any consultation or discussion.

On these proposals, I strongly agree with the noble Lord, Lord Holmes of Richmond, that modernisation and digitisation is where we should be going. When in government, I was concerned with the digitisation of Whitehall, and I agreed very strongly with Francis Maude, now the noble Lord, Lord Maude, on the efforts which he was making to push digitisation through a rather reluctant Whitehall and a group of largely uninterested Ministers. I much regret that, since 2015, the Government appear to have lost momentum on all that. There are ways of linking government databases without sharing all the information that could make life much easier for citizens on whom the Government hold a fair amount of information which is relevant to them.

I was deeply affected by what happened with the Windrush scheme, when all those people were told that they had no right to be in Britain, or that they had not been living in Britain for the last 20, 30 or 40 years. There was information in various Whitehall departments demonstrating that they had been here, but the Home Office did not look for it. In terms of modernising the electoral register, in terms of managing the vote and in terms of managing another couple of million applicants for overseas voting, who need to be checked properly when they come on to the register and need to have the chance to vote within a tight time scale, digitisation is clearly part of the answer.

The amendment tabled by the noble Lord, Lord Holmes, and my amendment, are saying that the Government should be looking at this. Other Governments are way ahead of us in this. Everything that the noble Baroness, Lady Noakes, said in Committee on a previous day about how astonishingly old fashioned our electoral process is, compared with many other democratic states, is absolutely on target. I hope that the Minister might at least give us a very slight indication that the Government might be just a little interested in this, even though it would be very dangerous for them to encourage more people to vote.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Holmes, for his introduction to his amendment. I thought what he said about the opportunities that are available for new technologies to drive inclusion in our electoral process is really important if we are looking to the future. We completely support his aim to encourage the Government to invest much more in technologies in this area. As the noble Lord, Lord Wallace, said, let us catch up with many other countries which are looking to do this and looking to invest more in this in the future.

One thing we do know is that electronic voting machines are often more accessible for disabled voters. I give the example of the United States, where visually impaired voters can use an audio interface while those with paralysed limbs can select candidates from a screen using head movements. There are all sorts of different innovations that we should be looking to investigate and see how we can bring them into our own system.

I turn to my amendment. The Government’s 2019 manifesto—I go back to their manifesto—included a commitment to

“make it easier for British expats to vote in Parliamentary elections”.

I also say, as part of that, they should be looking at the Electoral Commission’s research after the elections since 2015, which has consistently found that overseas voters have experienced difficulties in voting from outside the UK. This is mainly because many did not have enough time to receive and return their postal vote before the close of the poll.

I am aware that the Government are looking at ways to improve that, but it strikes me that as the Electoral Commission also recommends that the Government explore new approaches to improve access to voting and draws on evidence from other countries, there is an opportunity here, which is why I tabled the amendment. I hope that this will encourage the Government to consider more research into digital technologies and look at what is happening in other countries in order to drive inclusion and enable a quicker and more efficient system for those voters who live outside the UK.

[Baroness Scott of Bybrook (Con)]

My Lords, these amendments both seek to improve and expedite means of voting for British citizens living overseas. My noble friend mentioned Estonia and although Estonia has e-voting, it still uses paper ballots and less than half of Estonian voters use the e-voting system, which relies on the national ID card as a credential to vote. The blockchain technology which supports its system, although advanced in security, is not foolproof and hackers are becoming more and more sophisticated.

That leads me to Amendments 144 and 209, which would require the Government to conduct research on electronic voting and technological solutions to increase the security of the electoral register. I fully understand that electronic voting and further technological solutions supporting our processes may sound attractive in the light of ongoing digital advances. However, all electronic changes are large-scale programmes and we are currently not persuaded of the need for them and are wary of the risks that they may usher. In particular, electronic voting is a double-edged sword.

The selection of elected representatives for Parliament and other public offices is regarded as requiring the highest possible level of integrity, and the introduction of electronic voting would raise a number of issues. We know that electronic voting is not seen to be suitably rigorous and secure and could be vulnerable to attack or fraud by unscrupulous hackers and hostile foreign states.

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Moved by

[Baroness Hayman of Ullock]

145: Clause 12, page 14, line 34, at end insert—
“(c) on that date a red notice has not been issued in respect of the individual by Interpol.”Member’s explanatory statement
This probing amendment would prevent those who have been issued a red notice by Interpol from being overseas electors.

[Baroness Hayman of Ullock (Lab)]

My Lords, I have tabled my Amendments 146 and 147 mainly to probe what kind of checks and balances are taking place for who can register for a vote as an overseas elector. This is because our main concern about the overseas elector section of the Bill is that it could undermine the integrity of our electoral process if not done well. I have mentioned in previous debates concerns raised by local government and others about the pressures on our councils and election teams, which are already overworked and underresourced. These changes to who can register as an overseas elector will in some areas greatly add to the pressures and workload, so they will need support in making sure that everyone who applies is a proper person to be on the register.

I also draw attention to the fact that we are very worried that the proposed changes could create a loophole in donation law that would allow donors unlimited access to our democracy—in other words, foreign money to be able to bankroll election campaigns from potential offshore tax havens. I will not go into any detail now, because we are going to debate this in some detail on Monday.

Whether we agree with removing the 15-year limit or not, it does not seem right to me that expats will be granted more flexibility in registering a right to vote than some people living in this country. My noble friend Lord Collins will talk about this in the next debate.

I want to briefly talk to my Amendment 148. The issue of sanctions is pertinent at the moment, given Putin’s invasion of Ukraine, which has led to new legislation and designations of Russian individuals and businesses. This has shone a light on the complexities of sanctions legislation and the importance of the entire statute book complying with such declarations. The purpose of this amendment is to highlight that election law must too be implemented in accordance with any sanctions legislation. There is clear evidence that Putin’s regime has sought to undermine democracies around the world, and it is entirely possible that, in the future, it may seek to do the same in relation to the UK. For this reason, public bodies in the UK that organise and facilitate elections must work closely with the bodies responsible for maintaining our compliance with sanctions. Ultimately, this means ensuring that sanctioned individuals play no role in elections. But given the complexities of holding elections, this is easier said than done. That is why we have tabled this amendment—in the hope that the Minister is able to explain how the Government can help to ensure that elections are held with consideration of sanctions legislation, to prevent foreign interference from hostile actors. I beg to move.

[Lord Scriven (LD)]

My Lords, I wish to speak to the two amendments in my name, Amendments 147A and 147B. They are meant to be helpful, in the same way that the amendments I put down on postal voting numbers and handing them back at city halls or town halls were meant to be helpful—helpful in the sense that they come from briefings from and discussions with those who administer the elections. What those people are saying is that they welcome the move from annual to three-yearly registrations for overseas voters, but that the new three-year period might not help with the administrative burden because general elections can be five years apart. Therefore, people registering late and not every three years, as the tendency is, will mean that the problem from the impact assessment that the Government are trying to solve—about late registrations posing

“challenges for persons who choose to vote by postal ballot and live further away from the UK”

in getting their vote back—may not be solved by what the Government are doing.

I seek clarification from the Government. What advice has come back from the discussions they have had with electoral registration officers? Do they feel it would solve the problem to move to the three-year gap or that, in their view, a five-year period for re-registration would help to deal with the problem that the Government identify in their own impact assessment?

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[Baroness Scott of Bybrook (Con)]

I shall certainly ask the team to go back and check. I do not know whether it was Solace or another group that has been working with the policy team on this. We will check that out for the noble Lord and see why there is a difference.

Furthermore, the Bill carefully balances the need to ensure that registers are kept accurate and that overseas electors’ contact details are up to date, which is particularly important to ensure that they receive a postal ballot. I hope the noble Lord will consider these points and not press his amendments

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for her response. I will just make a couple of points. One is that there is quite a bit of concern about this part of the Bill. The noble Lord, Lord Wallace, talked about concerns about proper checks, which is what we are very concerned about—making sure that those checks are done so that the people who are asking to come on to the register who have not been in this country for a long time are proper people to come on to the register, and the checks and balances have taken place properly and correctly. Also, if that is going to happen, what about the support for local authorities and election teams? It could be a lot of work in some areas. At some point, it would be good to return to this issue.

I completely take the Minister’s point about looking at sanctions in more detail in the debate on Monday. That is a particularly important thing that we need to spend some time on, even if the broader debate is not one that the Government want to spend time on. We need to look at that. With that in mind, I beg leave to withdraw my amendment.

Amendment 145 withdrawn.

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[Lord Wallace of Saltaire (LD)]

My Lords, if the Government were in a mood to try to build any sort of consensus on the Bill, which they clearly are not, I would hope that they would be willing to consider accepting some part of this amendment; it does not say that we should necessarily create overseas constituencies but that we should at least consider them.

If I may anticipate the Minister’s comment that this would be an enormous innovation, I point out that the extension of the franchise to people who have lived abroad all their life is itself an enormous innovation. If I were to follow the line that he has argued on former subjects—that we should be looking at the practice of other countries—overseas constituencies are a practice in a number of democratic countries for very obvious reasons. If you are looking after your overseas voters, they have lost their links with their local constituencies, they are much more distant than they were and they have a different set of interests and it is therefore perhaps appropriate for overseas constituencies to be created.

It may be that we have not yet thought this through. I suspect that the Government have not thought about it at all because they do not have the numbers or any of the practice or documentation that the French, for example, have about their overseas citizens with support from their embassies, consulates and others. Nor have we looked into what we do about dual and triple nationals, an increasingly large and difficult category, as we have discovered in our relations with Iran and China in recent years, which takes us into the question of how we might redefine British citizenship as such in a much more global world. The question of how parties fund keeping in touch with overseas voters is the most sensitive one because we know that one of the underlying structural biases in our electoral system is that one party has two-thirds of the funds available for political parties and the others have a great deal less, so we know which party will be able to keep in touch with the overseas voters it wants and the others will not be able to do so.

Having said that, I hope the Minister will recognise that there is a case for looking at this. The current proposals will concentrate overseas voters, by and large, in London, Surrey and other home county constituencies. We do not know the implications of that. A Conservative Peer of my acquaintance told me that the one overseas constituency in France which consistently votes left is the one that includes London; he suspects that there might be some similar interesting differences in where people are living as opposed to where they come from, but at least we ought to be looking at that as part of the package. I therefore ask the Government not to close their mind to this and not to demonstrate that getting this done without thinking through the implications is all they are really concerned with. As part of approaching this major extension of the British franchise, they should look at this, as other countries have done. I beg to move.

[Baroness Hayman of Ullock (Lab)]

I have very little to say other than that it is a very interesting suggestion and I thank the noble Lord, Lord Wallace, for bringing it forward and giving us food for thought. I had no idea that France had overseas constituencies until he tabled his amendment and I looked into it. It is an interesting suggestion.

[Baroness Scott of Bybrook (Con)]

I fear that at this late hour, I will disappoint the noble Lord. This amendment would require the Government to prepare a report on proposals for the creation of overseas constituencies. The Bill will allow overseas electors to continue to vote in constituencies to which they have a significant and demonstrable connection. This constituency link has always been and continues to be a cornerstone of our democracy. Creating overseas constituencies is therefore not something the Government are considering. To commission a report on the topic is unnecessary. Overseas electors will continue to register in the constituencies to which they have a significant and demonstrable connection.

As the amendment acknowledges, there are extensive and complex bureaucratic challenges to implementing overseas constituencies. There would, for example, be ongoing complexities regarding how constituency boundaries and their electorate would be determined and maintained with a constituency stretching across multiple countries and being affected by fluctuating migration. Furthermore, electoral administration for overseas constituencies would have to be done in a very different way from the current process, whereby it is undertaken by local authorities. We would need to address matters such as: who would be responsible for maintaining the register of electors and administering the polls for an overseas constituency. Overseas constituencies would not fit in with the existing arrangements for organising constituencies and delivering elections, and establishing them would require the consideration of a range of complex issues. I hope the noble Lord will feel able to reconsider this suggestion and withdraw his amendment.