Elections Bill

Brendan O'Hara Excerpts

Report stage
Monday 17th January 2022 Commons Chamber

[Mrs Miller]

Because it will enable people to be part of the system, to register online and to have confidence in what is going on in our election process.

I want to probe the Minister on the length of election campaigns, which have, I believe—this is to the hon. Gentleman’s point—not served us well in helping to engage people in the election process. Many hon. Members who took part in debates on the Dissolution and Calling of Parliament Bill made the point about the continual lengthening of our election campaigns being not a benign act, but an act that has potential consequences—consequences we are not that aware of. Emerging research suggests that longer election campaigns are potentially disengaging for electors. They mean that the interest of electors wanes over time—perhaps all of us who have knocked on doors have seen that over the last two decades, when election campaigns have increased significantly in length.

Will new schedule 1 and new clause 11, tabled by the Government, provide some sense of opportunity that at least the length of election campaigns will not increase? The former Minister, my hon. Friend the Member for Norwich North, spoke about her understanding of the importance of potentially shortening election campaigns as well. Hon. Members will remember that in law at the moment election campaigns are currently 25 working days, and amendments that I and my hon. Friends tabled the last time these matters were discussed in this place considered shortening campaigns to 25 days.

Will the Minister update the House on the undertaking to consider research into the length of election campaigns, in conjunction with new clause 11 and new schedule 1? That could provide an opportunity for us to understand better how election campaigns affect voter participation, and how the length of campaigns may be shortened in a realistic and sensible way as a result of her new provisions. Will she help the House to understand how she will take that forward to ensure that our democratic process is as strong as it can be? The lack of consideration about the length of campaigns should be something that is of the past, and the issue should be central to the thoughts of the Government in the future.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I rise to speak in support of new clause 1, as well as new clauses 3 to 8, tabled in my name and that of my hon. Friend the Member for Glasgow North (Patrick Grady). I welcome the hon. Member for Nottingham North (Alex Norris) to his place. It is a pleasure to see him.

Before addressing the new clauses, I wish to put on record my sincere thanks to my hon. Friend the Member for Glasgow North and the hon. Members for Lancaster and Fleetwood (Cat Smith) and for Putney (Fleur Anderson), who, day after day in Committee, went through the Bill forensically and exposed the fundamental threat to our democracy that is contained in almost every line of it. From restricting the franchise through the introduction of voter ID cards, to giving the Government power to set the strategy and policy of the Electoral Commission, abolishing a progressive, proportional voting system, and constraining how whole sections of civil society are allowed to campaign, this Bill has it all.

This Bill, which—let’s be honest—would not be out of place in the hands of Viktor Orbán or Jair Bolsonaro, should not be seen in isolation and has to be viewed in the wider context, as it includes plans to criminalise peaceful protest and to allow the Home Secretary to strip someone of British citizenship with the stroke of a pen. It places onerous legal constraints on journalists and whistleblowers. Ministers will be allowed to ignore legal rulings made under judicial review and there are plans to abolish the Human Rights Act. It was Peter Geoghegan, writing in openDemocracy just before Christmas, who said:

“This is what democracy dying…looks like. And we need to act now before it’s too late.”

That is why we opposed the Bill on Second Reading, why we sought to amend it radically in Committee, and why, unless Government Members wake up to what they are about to do and fundamentally amend the Bill today, we will oppose it this evening as well.

We in the SNP fully support new clause 1, which would simply bring the age at which people can vote in Westminster elections into line with what already happens in Scotland and in Wales. The SNP has advocated this for a long time—indeed, the legendary Winnie Ewing, when she made her maiden speech from these Benches 55 years ago during a debate on lowering the voting age from 21 to 18, said:

“There are moral and intellectual reasons why it is good sense to make people responsible at the age of 18 if not sooner… I am absolutely on the side of youth.”—[Official Report, 20 November 1967; Vol. 754, c. 980.]

[Wera Hobhouse]

Does the hon. Gentleman agree that the future of this country would look entirely different, particularly when it comes to the climate emergency, if we lowered the voting age?

[Brendan O'Hara]

The hon. Lady makes an extremely good point, which I will address specifically as I continue my speech.

What is different now from 1967 is that, with two nations of the United Kingdom already having this provision in place, new clause 1 does not ask the UK Government to take a step into the unknown. We can see how well it is working in Scotland and Wales, where the change has been both seamless and uncontroversial. Any concerns that we might have had about 16 and 17-year-olds not being interested in politics or being unable to understand the issues have been shown to be without any foundation.

[Jerome Mayhew]

I once met Winnie Ewing when I was at school and she came to talk to a politics class I was attending. However, on the new clause, I rise to ask what is the rationale for choosing the age of 16, when people are not considered to be responsible enough to decide whether to buy cigarettes, rather than some other age—say, 15 or 14?

[Brendan O'Hara]

I think the hon. Gentleman is confusing private rights and public rights. There are public health issues around the consumption of alcohol and the purchase of cigarettes. These are exactly the same debates as we had in 1967, when there were fears about taking a step into the unknown. What is different now, as I said, is that it is not a step into the unknown. It has been proven to work. Why should young people in England and Northern Ireland have different rights from those in Wales and Scotland?

When we had our referendum in 2014, 90% of 16 and 17-year-olds registered to vote and 75% of them turned out to vote on the day. As the hon. Member for Nottingham North said, studies showed that young people had investigated the issues and had multiple sources of information, and many were far better acquainted with the issues than were their parents or grandparents. To go back to the point made by the hon. Member for Bath (Wera Hobhouse), if we look at the age of the people leading the fight against climate change and the demonstrators at COP26, we see that overwhelmingly they were young people making their voices heard above everybody else’s. That tells us all we need to know.

[Cat Smith]

I thank the hon. Gentleman for his kind remarks. It was a pleasure to serve on the Bill Committee with him. He and his colleague the hon. Member for Glasgow North (Patrick Grady) did as much as to scrutinise every line of the Bill as I and my hon. Friend the Member for Putney (Fleur Anderson) did.

The hon. Gentleman talks about extending the franchise to 16 and 17-year-olds. Much of the case made for the Bill has been about making our democracy more secure. One of the ways we can make our democracy more secure is by encouraging more people to participate in it. The more people are voting, the harder it is to swing an election unfairly. That is what we heard in the evidence given to the Bill Committee. Does he agree, therefore, that extending the franchise to 16 and 17-year-olds, who will go on to develop a far stronger commitment to voting, will actually strengthen our democracy against foreign interference in British politics?

[Brendan O'Hara]

The hon. Lady is absolutely spot-on. As she says, we heard from many witnesses who said that the wider the franchise and the more the people who vote, the less there can be untoward interference.

Why are the UK Government so opposed to giving 16 and 17-year-olds the vote? Unfortunately, the Minister for Levelling Up Communities is no longer in her place. In Committee, I hoped to find out why she thought it was okay for Scotland and Wales, but not for England and Northern Ireland. Her reply to me was:

“There is no need for me to rehash the arguments. I ask him to ask his parliamentary researcher to research Hansard.”––[Official Report, Elections Public Bill Committee, 26 October 2021; c. 371.]

That was a Minister’s response on this very issue in Committee, and I am sorry she is no longer in her place to correct it.

--- Later in debate ---

[Brendan O’Hara]

I thank my hon. Friend for that intervention. I am sure that Conservative Members for Welsh constituencies must be having a similar dilemma. If this is good enough for Scotland and Wales, why is it not good enough for the rest of the United Kingdom?

We want to say to EU nationals and those with the right to remain that, as an integral part of Scotland’s future, they should have a stake in and a responsibility for how we are governed. That is why Scotland has a thriving, healthy, robust democracy. It is telling that, while Scotland and Wales do everything they can to extend this franchise, those on the Government Benches do the exact opposite.

I will turn now to the last of our new clauses, new clause 8. In Committee, Conservative Members regaled us with tales of widespread personation, voter intimidation, postal fraud and the harvesting of votes—indeed, all manner of fraud, theft and deception—yet when they were asked to give the Electoral Commission the power to tackle those abuses and impose a meaningful fine on those found guilty, they refused to do so. Imposing a paltry £20,000 fine has been shown to be no deterrent whatsoever. It is viewed by the worst offenders almost as a cost of doing business. We believe that our proposal for a maximum fine of £500,000 or 5% of an organisation’s or individual’s total spend will give the commission far greater power to act as a genuine deterrent to lawbreakers.

As I said at the beginning, these are incredibly dangerous days for our democracy, and this Elections Bill is just the start of a process that, if passed, will take democracy into a very dark place from which it will be difficult for it to return. This is not happening by accident. The architects of this plan understand exactly where it will lead. Just last month, Elizabeth David-Barrett, the professor of governance and integrity at the University of Sussex, used the phrase “state capture” to describe what is happening. She described state capture as

“a type of systematic corruption where narrow interest groups take control of the institutions and processes that make public policy, buying influence not just to disregard the rules but also to rewrite the rules.”

That is where we are currently. It is extremely dangerous, but it can be successful only if there is a compliant legislature and a widespread public attitude that it could never happen here. But it is happening here, and it is happening here right now.

The parliamentary arithmetic means that only Conservative Members can stop this plan in its tracks, and tonight they have a decision to make. As the soon-to-be ex-Prime Minister heads for the exit door, are they really going to acquiesce meekly and allow his final act to be the fatal undermining of our democracy? Are they really content to have history record them as having been party to one of the biggest betrayals of our democracy, and to have done it at the behest of a man whose days are numbered and who will almost certainly go down in history as the worst and most self-serving Prime Minister this country has ever had? That is complete madness. I ask Conservative Members, please, to think long and hard before backing this dreadful Bill; the Prime Minister is on the way out the door, but they should not let him take their reputations with him as he goes.

[Several hon. Members rose—]

--- Later in debate ---

[Mr Richard Holden (North West Durham) (Con)]

I welcome some of what the Government have announced today, particularly the safeguards around postal voting. I could not agree more with the hon. Member for Strangford (Jim Shannon), who already indicated that the Labour party was in office when voter ID checks were introduced in Northern Ireland, and there we have not seen the impact that the Opposition are suggesting.

I start by opposing new clause 1. For me, the question is about who is actually doing the voting and who is making the decision. I just sat on a private Member’s Bill Committee on increasing the age at which people can get married from 16 to 18 in England. Who is making that decision? The argument was made, and basically accepted by the Opposition, that 16 and 17-year-olds are not making it themselves. That is quite an important point. Also, why are we not talking about 13, 14 or 15-year-olds? I cannot understand why 16 is being particularly aimed for, especially when other things—[Interruption.] If Opposition Members wish to intervene, they can stand up.

We have already made big changes over the past few years to raise thresholds to 18, including for cigarettes, as my hon. Friend the Member for Broadland (Jerome Mayhew) mentioned, and for active service overseas in the armed forces. I think that with 18 we have hit a new level that we agree on, so I do not understand why we would want to open that up again.

[Brendan O’Hara]

If the 75% of 16 and 17-year-olds who voted in the Scottish independence referendum did not make their own choice, who voted for them? If the research that says that they looked for and discovered the facts and made their own choice is not true, who does the hon. Member think voted for them?

[Mr Holden]

The hon. Member raises a very important point. A far higher proportion voted in that group than in the 18-to-24 age group. I ask again: will he not reflect on who was actually influencing those people voting?

[Brendan O’Hara]

I was asking you.

[Mr Holden]

Wait a second—the hon. Member can intervene again if he wishes. I know that he and the Scottish National party do not want to raise the age of marriage to 18; the Scottish Executive have not made it clear so far, but I think they should. Article 1 in part 1 of the UN convention on the rights of the child says that a child is a child until 18 years of age, so I do not understand why the SNP is still backing child marriage.

--- Later in debate ---

[Brendan O'Hara]

There is no doubt that this is a dreadful Bill designed to undermine democracy, but I put on record my thanks to everyone involved in its passage, particularly all those Members who saw the dangers that it poses to our democracy and sought to oppose it every step of the way. I also thank the staff of the Public Bill Office for, again, the remarkable level of professionalism and assistance they provided throughout the passage of the Bill through the House.

The Bill could have not passed without the support and help of the Committee Chairs, so the steady hand and experience of the right hon. Members for Gainsborough (Sir Edward Leigh) and for The Wrekin (Mark Pritchard) and the hon. Members for Bethnal Green and Bow (Rushanara Ali) and for Neath (Christina Rees) were much appreciated. I put on record my personal thanks to my hon. Friend the Member for Glasgow East (David Linden) for his advice and support in the last few months and to Mr Josh Simmonds-Upton for all his work in preparing us for Second Reading, Committee and the debates tonight.

To my deep, deep regret, the Bill has passed. The irony that it has passed to the unelected second Chamber to try to salvage an element of democracy should be lost on nobody in this House. What has the United Kingdom become? Hopefully our soon-to-be independent Scottish Parliament will look at the Bill as a perfect example of how not to organise an electoral system.

Question put, That the Bill be now read the Third time.