Elections Bill

Beth Winter Excerpts

Consideration of Lords amendments
Wednesday 27th April 2022 Commons Chamber

[Brendan O’Hara]

The hon. Lady makes a good point. Sadly, as with so much of the Bill, there is no common sense—indeed, no principle is involved. It is grubby attempt after grubby attempt to game the system in order to secure short-term electoral benefit for the Conservative party. If the price to be paid is a lessoning of participation in elections, I am afraid that is the choice made by Conservative Members.

From the outset we have opposed the Bill as being fundamentally undemocratic. Rather than being improved by its progress through this House, it has become even more undemocratic. I am delighted that the Scottish Parliament has refused to give it legislative consent. I thank the Lords for their attempts to improve the Bill and, in recognition of their efforts, we will support their amendments, but as the old adage says, there are some things in life that you just cannot polish, and this Bill is most certainly one of them.

[Beth Winter (Cynon Valley) (Lab)]

rose—

[John McDonnell (Hayes and Harlington) (Lab)]

Follow that!

[Beth Winter]

How do you follow that?

In the week in which the Government intend to prorogue the House, they have voted to carry over three Bills, and this is the fifth Bill they seek to force through following repeated Government defeats in the Lords. The Government really are losing their grip, and I regret that, in response, they are seeking to grab democracy by the throat.

I wish to confine my comments to Lords amendments 22, 23 and 86, which I support. First, let me highlight the extraordinary developments regarding the clauses that affect the work of the Electoral Commission. I express my support for Lords amendments 22 and 23, which removed what were clauses 15 and 16. As others have said, those clauses gave the Government the power to establish a Government strategy and policy statement for the Electoral Commission, and to place a duty on it to have regard to guidance issued by the Government relating to any of its functions.

3.30 pm

The Bill’s erosion of the commission’s independence gave rise to the letter signed by its chair and all but one of its board members on 21 February this year, which said:

“It is our firm and shared view that the introduction of a Strategy and Policy Statement—enabling the Government to guide the work of the Commission—is inconsistent with the role that an independent electoral commission plays in a healthy democracy. This independence is fundamental to maintaining confidence and legitimacy in our electoral system.”

The letter went on:

“The Commission’s accountability is direct to the UK’s parliaments and should remain so, rather than being subject to government influence.”

For that reason, I urge the Government to think again about the measures.

The Public Administration and Constitutional Affairs Committee also wrote to the Minister only last week to strongly urge the Government to accept the amendments tabled in the House of Lords by Lord Judge that removed clauses 15 and 16, as the Committee recommended in its report. Furthermore, in lieu of any Government support for the amendments, the Committee urged the Government to consider amending the Bill

“to provide that the Electoral Commission is able to depart from the guidance set out in the Statement if it has a statutory duty to do so or if it reasonably believes it is justified in specific circumstances”.

Regrettably, the Government have not done so, which is why I support Lords amendments 22 and 23.

Let me turn to Lords amendment 86, on voter ID, in respect of which I wish to draw some parallels with the Welsh experience. Initially, the Welsh Government withheld legislative consent for the Bill because it affects Welsh elections, because there was an issue with consulting the Welsh Government and because it negatively affected devolved powers. However, the Government have since conceded on some of those concerns and it is welcome that their voter ID proposals will not now apply to Senedd or Welsh council elections.

Although the Senedd has now granted legislative consent, there are still concerns about the Bill in all sorts of respects, but specifically with regard to voter ID. The Welsh Government say that the UK Government plans for voter ID risk making voting harder. Although I welcome the fact that the provisions do not apply to Wales, the inconsistencies between UK parliamentary elections and Welsh elections will cause all sorts of confusion for electors in Wales.

I support Lords amendment 86, which was tabled by Lord Willets and adds an additional list of documents that would be accepted as a form of identification for electors, for the reasons already given. The relevant part of the Bill is discriminatory and will disenfranchise millions of people. We already have extremely low turnouts for elections—the evidence is there—which is why in Wales we are doing the opposite and looking into different methods to encourage people to turn out to vote.

I will conclude with a quote from our Counsel General, Mick Antoniw, because the Welsh Government remain opposed to the Bill, which they believe—Opposition Members share these views—

“is more about voter suppression and enabling foreign funding than enhancing electoral democracy and integrity.”

[Patrick Grady]

It is a pleasure to follow the hon. Member for Cynon Valley (Beth Winter), who is essentially right in everything she says.

The scrutiny of this Bill so far has been an absolute travesty of the democracy it is supposed to regulate—the lack of engagement on the Government Benches is testimony to that. The Government changed the scope of the Bill after Second Reading, and crashed it through a Bill Committee, despite the fact that constitutional Bills should be considered in Committee of the whole House. Now the Lords, for their own mysterious reasons, have sent it back, largely with Government corrections and a few meagre concessions. We applaud the Lords on taking a stand on voter ID and the role of the Electoral Commission, but their lordships should have forced the Government into using the Parliament Acts to get the Bill through, given the damage it will do to what remains of Westminster democracy.

The amendments on the right of voters with special needs, particularly those who are blind or partially sighted, to vote independently and in secret are welcome, although they do not go as far as the Royal National Institute of Blind People has called for them to do. Indeed, they do not go as far as the original legislation that this Bill is changing, so once again this is a Bill seeking to solve problems that did not previously exist; it is creating its own problems. There must now be clear guidance on how those provisions are implemented, and careful monitoring and reporting to ensure that those with specific requirements can vote in confidence, in every sense of that word.

It appears from the Minister’s comments that the Government think we should be grateful for the various concessions that respect the devolution settlement and the right of the devolved institutions to manage and regulate their own elections. She said that she had difficulty engaging with Scottish Government Ministers and officials. Well, perhaps if this Government had started the process before the Bill was published, and perhaps if there had been proper prelegislative scrutiny, a lot of that would not have been necessary. The reality, of course, is that the Scottish Parliament has refused to give legislative consent for the Bill as a whole.

What mostly seems to be happening, through these amendments, is the result of a late realisation that all the different electoral cycles in the UK mean that we would never be out of “regulated periods” across the UK, which would make the Tories’ predilection for dark money and AstroTurf campaigning a little trickier. I am not sure that the changes have been made in the best interests of the devolved institutions.

Where the Lords have chosen to take a stand, the Government and this House should be paying close attention. The integrity of the Electoral Commission ought to be protected, and the easiest way to do that is to support the Lords in their amendment removing the two clauses that would allow Government direction and interference. We demonstrated throughout consideration in Committee and on Report the danger of the Government’s plans to allow for ministerial direction of the commission, which is pretty much unprecedented in western democracies. The Government’s amendments in lieu, such as they are, do not go nearly far enough and are themselves a concession that they were trying to overreach with the powers they put into the Bill, so we should agree with the Lords and just take those clauses out entirely.

The House should also support the Lords on their amendment 86. It is disappointing that they did not remove the clauses on photo ID altogether. Again, throughout the Bill’s progress in this House, we have heard how the requirement to present photo ID will depress turnout and make it more difficult for those who are already in marginalised groups to have their voices heard at the ballot box. We heard that repeatedly in evidence and, as we have heard from other Members, that has been heard by the Public Administration and Constitutional Affairs Committee.

We hear Members say, “Well, what level of voter fraud is acceptable?” There is no evidence that voter fraud at the moment is as rife as they are pretending.