Overseas Electors Bill

Cat Smith Excerpts

2nd reading: House of Commons
Friday 23rd February 2018 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

I thank the hon. Member for Montgomeryshire (Glyn Davies) for promoting this Bill so that we can debate the extension of voting rights to overseas electors. As a modern, progressive, socialist party, we are committed to building a truly global Britain, and to championing our core values of equality, social justice and opportunity for all. Globalisation has led to a broad section of British citizens living around the world, and despite settling in all corners of the globe, overseas electors make a contribution to British society.

As the hon. Gentleman said, under the current system, British citizens who have moved abroad can register to vote as an overseas elector in the last constituency in which they were entered on an electoral register. British citizens who have lived overseas for more than 15 years cannot register to become an overseas voter. The Opposition are committed to taking radical steps to ensure that all eligible voters are registered and able to use their vote. The issue of extending voting rights for overseas electors is important and must be considered properly.

There has been a significant rise in the number of overseas electors registered to vote, and that number now stands at a record high of 285,000. As has been said, this is the centenary of the start of suffrage for women and many working-class men. That has encouraged many Members across the House to reflect on that journey towards equal and wider suffrage.

The extension of overseas voting rights has come a long way since 1985, when British citizens living outside the UK were unable to register to vote in any elections. The Representation of the People Act 1985 introduced new provisions to allow British citizens living overseas to qualify as electors in the constituency where they were last registered to vote before moving, with a time limit in 1985 of just five years. In 1989, that was extended to 20 years before being reduced again to 15 years in 2002. In the 2015 and 2017 general elections, the Conservative party made a manifesto commitment to abolish the 15-year rule and allow British citizens a “vote for life” in parliamentary elections.

[Jo Stevens]

I do not understand why, if it was in the Conservative party manifesto to introduce this legislation, we are here today debating a private Member’s Bill. Does my hon. Friend agree that the Government could have taken the opportunityto have an all-encompassing electoral reform Bill to include automatic voter registration, votes at 16 and online voting, as well as extending the lifetime of ex-pat voting?

--- Later in debate ---

[Cat Smith]

I fully support my hon. Friend’s private Member’s Bill. I hope that Members across the House who want a more inclusive democracy where every eligible voter is on the electoral roll will continue to support her Bill. She raises an interesting point about why this matter is before us on a Friday as a private Member’s Bill. It is deeply concerning that this measure has been put into a private Member’s Bill, introduced by the hon. Member for Montgomeryshire, that is being used to push Government business.

Private Members’ Bills serve an important function in our parliamentary process by enabling Back-Bench Members of Parliament, rather than the Government of the day, to initiate legislation. Indeed, private Members’ Bills have made significant changes to the law over the years—for example, the Murder (Abolition of the Death Penalty) Act 1965 and the Abortion Act 1967. However, with limited time available for consideration of private Members’ Bills, we cannot allow the Government to disrespect an important part of the parliamentary process and an important power that our Back Benchers have.

The Opposition are committed to building a political franchise that works for the many, not the few. However, it is also vital that we maintain the integrity of the electoral process. Unfortunately, it has been undermined by the Government, who have pushed local authority election teams to the absolute limit, damaging their ability to deliver elections effectively. The introduction of individual electoral registration added significant cost pressures by making it more expensive to compile the register. Election administrators have criticised the Government for massively underestimating the scale of the task at hand.

[Mark Tami]

My hon. Friend is making an important case on registration. Experience, particularly that from Northern Ireland, has shown that it is poorer areas where registration drops by the largest amount.

[Cat Smith]

My hon. Friend makes a valid point. That is the context of local government funding being reduced significantly over the years, which has forced local authorities to review their electoral services. That has led to significant reductions in core service funding and staffing levels, with a growing number of skilled professionals leaving local authority elections teams.

The impact of austerity was recently evidenced by the University of East Anglia, which found that 43% of local authorities experienced real-terms funding cuts to their budget for running elections from 2010-11 to 2015-16. According to survey responses from 254 local electoral authorities administrating the EU referendum, only a quarter of electoral officials said they had enough funding to support their work on the electoral register.

[Thelma Walker (Colne Valley) (Lab)]

The Electoral Commission’s report on the 2017 general election warns of risks to the administration of well-run elections, which are becoming increasingly apparent due to reduced resources and a growing number of skilled professionals leaving local authority election teams. Does my hon. Friend agree that cuts to local government will affect this service?

[Cat Smith]

The report that my hon. Friend raises is very worrying and should be of concern to Members across the House. When 43% of local authorities agree that they do not have sufficient funds to administer a poll, we should all be worried about the integrity of our electoral system. The Government fail to understand that cuts to public services can have devastating consequences.

Last year, the Electoral Commission report on the general election warned of

“wider risks to the administration of well-run elections,”

which it stated were “becoming increasingly apparent.” Problems in some places have caused some voters to receive an inadequate service. That was evidenced most recently in Newcastle-under-Lyme, where two council officials were suspended after almost 1,500 people were unable to vote in last year’s general election.

[Mark Tami]

It has been estimated that probably more than 7 million people in this country are not registered to vote. Should we not be concentrating on them and making sure that they are on the register, rather than what we are talking about today—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Gentleman has intervened several times. He must talk about the Bill, not about other matters.

[Cat Smith]

Thank you, Madam Deputy Speaker. My hon. Friend’s intervention was particularly about the capacity of local elections offices. Were the Bill to be successful, the impact on local elections offices in councils up and down the country would be huge, because the process of registering an overseas elector can take around two hours. If those offices were to see a huge increase in the number of overseas electors registering at a time when local councils have had huge funding cuts, the pressure would be absolutely huge.

There was further evidence in June about how under-resourced election staff are. My hon. Friend the Member for Newcastle-under-Lyme (Paul Farrelly) described the issues on polling day as “a shambles”. Significant issues also occurred in Plymouth, with hundreds of voters unable to cast their votes in the June general election. An independent investigation found that 35,000 postal vote holders had received two polling cards—a postal vote polling card and a polling station card. In addition, 331 people who received a polling card that was issued on 5 May were removed from the register after that point.

These failings clearly illustrate that more action must be taken now to deal with the increasing challenges that returning officers face in delivering elections effectively. Those concerns have been raised on multiple occasions by the Association of Electoral Administrators, which has called on the Government for a

“full and thorough review of the funding of the delivery of electoral services…as a matter of urgency”.

Not only is that impacting on voters, but it might also be having a significant impact on the health and wellbeing of electoral administrators and the public servants who work in local elections offices. Following the 2017 general election, the Association of Electoral Administrators wrote that

“we have collectively been concerned for the health and well-being of…our members”.

As a result, the AEA contracted the Hospital and Medical Care Association to provide members with free-of-charge access to confidential counselling services. That is not an indication of healthy elections offices up and down the country.

In the context of austerity, we cannot allow the Government to dismantle our electoral system any further. The existing provision of checking registration against electoral registration officer records within 15 years is already a challenging and resource-intensive process. Some applications contain vague or incorrect previous addresses, which can cause problems in checking the register—so much so that the Association of Electoral Administrators has estimated that it takes roughly two hours to register one overseas elector. Because overseas electors fall off the register after 12 months, the vast majority of registration applications occur immediately ahead of a general election, when the pressure on electoral administrators is at its most intense.

Abolishing the 15-year rule, and therefore presumably increasing the number of British citizens overseas who can register to vote, would completely overstretch electoral administrators, who are already being pushed to the limit. In addition, the requirement to keep copies of previous revisions of registers for more than 15 years, whether in data or in paper format, will have a resource implication in the form of increased ICT server capacity or physical storage area.

In the light of those concerns—

[Paul Flynn]

On a point of order, Madam Deputy Speaker. As we appear to have passed the point at which it would have been possible to consider the next Bill, I want the House to know that there will be a public demonstration outside in which democracy will work, and we will have a debate on the cruel effects of the present law on young children and those in serious health difficulties, including a young boy who is suffering, and whose parents are suffering, in a terrible way. What has happened here today has been a filibuster organised by one party, and I am ashamed to say that I am a member of that party—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I allowed the hon. Gentleman to make a point of order about his Bill—although he knows that it was not a point of order—because I appreciated that he had a point to make, and I allowed him to make it. However, I will not take from him criticism of the Chair through the use of the word “filibuster”.

[Cat Smith]

Let me return to the Bill. I want to ask the Government three questions. Have they any indication of how many of the estimated 5 million Britons living abroad would apply to be overseas electors in the run-up to a UK parliamentary election or national referendum if the 15-year rule were removed? How do they intend to fund EROs for the additional costs incurred by these proposals? What steps will they take to ensure that election teams have the resources and the capacity to manage the increased volume of electors?

The devil is also in the detail, which the Government have failed to provide. According to the Bill, an overseas voter will qualify as a resident if

“the person has at some time in the past been entered in an electoral register in respect of an address at a place that is situated within the constituency”.

However, many questions remain unanswered.

If an overseas elector was registered at a previous address but then moved to a different address before leaving the UK where they did not register, at which address should they register to vote? As time goes by, potentially over several decades, it could be very difficult for EROs to check previous revisions of registers owing to ever-changing localities. Problems include local government reorganisation, polling district and ward boundary reviews, the demolition or redevelopment of properties, street renaming, house renumbering, and limited availability of local authority records. Can we seriously expect someone who has not lived in this country for 40 years to remember the exact date on which they were last registered to vote, and the precise address at which they lived? I think not.

I also question whether the current deadline to apply to register as an overseas elector and make absent voting arrangements is sufficient, in the context of abolition of the 15-year rule. The Association of Electoral Administrators has urged the Government to consider bringing forward the voter registration deadline for overseas electors to allow sufficient time to process and check previous revisions of registers. What steps will the Government take to address those concerns?

Not only is the likelihood of error extremely high, but we are leaving our democracy wide open to potential fraudulent activity. In response to the Cabinet Office policy statement about overseas voters, the Association of Electoral Administrators warned that scrapping the 15-year rule would increase the potential for electoral fraud. Under the Government’s proposals, applicants who cannot provide a national insurance number or UK passport could have their identity verified by another registered overseas elector using an attestation. That would be a signed written statement from another British citizen who was registered to vote in the UK. Can we honestly expect this to be sufficient security to prevent fraudulent applications? When the attester as well as the applicant live abroad, what is the likelihood of a false declaration resulting in prosecution proceedings? My guess is, very low.

There is also no way of checking whether an overseas voter is living at the stated address abroad. Overseas voters who owned and lived in more than one home could register more than once and we would have no way of knowing whether people were registered multiple times.

[Mark Tami]

If there was a concern, would there be people in Spain or whatever country who would go to see whether those addresses existed?

[Cat Smith]

Given the overstretched nature of elections offices up and down the country, I suspect there would not be the capacity for such a check. Given that the Government are this May planning to trial requiring ID at polling stations, it seems that the requirements to prove the identity of an elector living in the UK are far greater than—

[Sir Geoffrey Clifton-Brown]

claimed to move the closure (Standing Order No. 36)

Question put.

A Division was called; Dame Cheryl Gillan and Geoffrey Clifton-Brown were appointed Tellers for the Ayes, but no Members being appointed Tellers for the Noes, the Deputy Speaker declared that the Ayes had it.

Question accordingly agreed to.

Question put, That the Bill be now read a Second time.

Question agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).