Voter Identification Regulations 2022

Baroness Hayman of Ullock Excerpts

Tuesday 13th December 2022 Lords Chamber

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, I inform the House that if this amendment is agreed to, I will be unable to call the amendment in the name of the noble Baroness, Lady Hayman of Ullock, by reason of pre-emption.

[Baroness Hayman of Ullock (Lab)]

My Lords, from the moment that the Government’s plan for voter ID was first introduced, these Benches have made it clear that we see it as unnecessary. We believe that voting in Britain is both safe and secure, yet this policy is being introduced at a cost of many millions of pounds and, more importantly, could prevent millions of people exercising their right to vote.

On this basis, we opposed the proposal in the Elections Bill and, just yesterday, Labour Members of Parliament voted against these regulations in the other place. So I will not focus my contribution today on the principle of voter ID, and I will not rehash arguments already made—but I will reiterate our opposition to the policy as a whole.

I want the House to consider what happens next, if the concerns of the Electoral Commission and the Association of Electoral Administrators are realised. There is now a strong possibility that the lack of awareness and preparation will mean that many of the 2 million voters without the right ID will lose their right to vote. The impact of that on our democracy could be extremely dangerous.

It is on this basis that I have tabled a Motion to establish a new Select Committee to consider the impact of the regulations on the May elections. The committee would be tasked with conducting a post-implementation assessment of the policy, based on an impartial examination of evidence. An evidence-based approach to policy-making is all that we are asking for, so I welcome the fact that the Minister has now agreed to commission an independent report to consider the implementation of the policy and I extend my thanks to the Minister and her office for their approach to the negotiations we have had.

This builds on further concessions the Minister made during the passage of what became the Elections Act, which bound the Government to review the relevant sections. I am pleased that the Minister will now go further and ensure that the report is drafted independently. I welcome the further fact that the Minister has approached the Constitution Committee and that colleagues have approached the House of Commons Public Administration and Constitutional Affairs Committee, with a view that they will consider the evidence.

However, notwithstanding these significant concessions made by the Minister, I want to reiterate the strength of feeling on these Benches, and I hope that the Minister can provide clarification on a number of further points. If she is able to offer these assurances in her response to this debate, I will consider not pressing our Motion.

On voter cards and other ID, it is now less than six months until this policy is introduced in May, when people across most of England will have the opportunity to vote. Yet there has still been no public awareness campaign launched, and there is no reason to believe that all those who do not own the necessary ID will be aware that they cannot vote without it. Just yesterday, the Financial Times reported that the Cabinet Office has found that 42% of people with no photo ID are unlikely to apply for one. Given that we are in a cost of living crisis, this is hardly surprising; after all, a passport costs £85 and a driving licence is £43. Will the Minister remain open to expanding the list of ID if the independent report provides evidence to support this?

The proposal for a free voter card was of course intended to help address this, but the application process has not materialised, and even at the best of times, many people struggle to access local authorities because of their limited opening hours. As a result, it is likely that many people who may not have the time or capacity to travel to a local authority and deal with the lengthy application process may just not bother, and therefore lose their vote. Can I therefore ask the Minister to commit to work with local authorities to ensure that the voter card is open to applications as soon as reasonably possible, and that it operates as swiftly and smoothly as possible? Can I also ask the Minister to assure me that the Government will take steps, together with local authorities, to monitor applications and any relevant issues, and also ensure that voters are aware that the document is free?

In addition, the Association of Electoral Administrators —the body that represents local authority electoral registration officers responsible for delivering elections—is now raising serious concerns about the huge administrative burden that will be placed on already overstretched local authorities. With the new responsibilities placed on the staff of polling stations, there is also a possibility of long queues and overburdened staff. Will the Minister commit to engaging with representatives of those working at polling stations to ensure they are fully prepared for the rollout? Specifically, will the Government monitor any instances of polling stations closing prematurely when there are still electors in the queue?

The Minister will recall that, when the Government piloted mandatory voter ID in a handful of local authorities during the 2018 local elections in England, more than 1,000 voters were turned away for not having the correct form of ID; of these, around 350 voters did not return to vote. Then in 2019, about 2,000 people were initially refused a ballot paper, of which roughly 750 did not return with ID and therefore did not partake in the election.

I do understand the points that the Minister has made regarding Northern Ireland, but I am sure she will also accept that the scale across England creates much more of a challenge. Without any real public awareness, guidance, and time for preparation, I am not confident that this challenge will be met before May. Nevertheless, I welcome the fact that the Minister has agreed to an independent report into the impact that this may have on the upcoming local elections. I hope the Minister can now provide the additional clarification necessary to avoid a Division on this Motion.

I also want to make it clear that our concerns remain over the implementation of this policy, and we will return to this during, and after, the rollout of the May elections. I look forward to seeing the independent report, and I truly hope that it will not be possible to find evidence of widespread disenfranchisement in May, but if these concerns are indeed realised, then the Minister should expect that we will be calling for the policy to then be withdrawn.

[Lord Strathclyde (Con)]

My Lords, it was very interesting to hear the noble Baroness, Lady Pinnock, pray in aid the Motion passed by this House in 1994 on the application of fatal Motions in this House. Of course, this House has a power to use fatal Motions, but, as with so many powers of this House, it is not used by convention. I cannot think, off the top of my head, of an occasion when it should be used. I am convinced that the noble Baroness did not really make the case for it, because all the arguments she used—which were perfectly valid arguments—should have been used, and probably were used, during the passage of the Bill earlier this year. That was the time when your Lordships’ House should have stopped that part of the legislation coming into force, rather than dealing with it now. As I understand it, it was a manifesto commitment. Even if it were not, we have been discussing it in both Houses of Parliament for the last seven or eight years, going back to when my noble friend Lord Pickles was Secretary of State; he launched a review and an investigation in 2015 into how local government held elections.

Furthermore, the regulations, while they are only coming into force now, have been discussed for many months, and good local authorities will no doubt have taken steps to organise themselves. The noble Baroness, Lady Hayman of Ullock, spoke very reasonably in her speech, and, if it does not embarrass her for me to say this, I agreed with much of it. However, I also felt that my noble friend the Minister had dealt with a lot of the arguments earlier, and perhaps she can go a little further now.

The point I want to raise with the noble Baroness is on the suggestion in her regret amendment to the Motion that there should be a Select Committee of this House to examine these regulations post legislation. I wanted to confirm my understanding with both the noble Baroness and my noble friend the Minister that there is nothing to stop the House from conducting such an inquiry, but, rather than putting it in a regret amendment to the Motion before the House today, it would be entirely right to make a case to the Liaison Committee, which I have no doubt would be supported by the noble Baroness the Leader of the Opposition and the noble Lord the leader of the Liberal Democrats.

--- Later in debate ---

Tabled by

[Baroness Hayman of Ullock]

At end insert “but that this House (1) regrets that the draft Regulations will be implemented for the Local Elections in May 2023 despite insufficient public awareness, guidance and time for preparation, which risks electors being wrongly refused their right to vote, (2) calls on His Majesty’s Government to take an evidence-based approach to the implementation of voter identification, noting concerns raised by the Electoral Commission, Association of Electoral Administrators and the Secondary Legislation Scrutiny Committee, and (3) resolves that a select committee should be appointed to conduct a post implementation assessment of the impact of the Regulations on turnout in the Local Elections in May 2023.”

[Baroness Hayman of Ullock (Lab)]

My Lords, following the Minister’s clarifications to the questions that I asked, her constructive approach to a review and the concessions given, I do not propose to move my amendment. However, I will be keeping a close eye.

Amendment to the Motion not moved.