Oral Answers to Questions

Cat Smith Excerpts

Thursday 23rd September 2021 Commons Chamber

[Michael Ellis]

My hon. Friend makes a good point. I understand that the Labour party does make those requirements, not that I have attended Labour conferences of course. May I offer the further reassurance that a wide range of countries, including most European countries, require some form of ID? Canada, France, Germany, Austria, the Netherlands, Switzerland and Norway do. So I have to say that the hon. Member for East Renfrewshire ought to refrain from these repeated scare tactics, which may have a deleterious effect on voter turnout.

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

European countries that do require voter ID often have national ID cards, and if that is the Government’s intention, they should be a little more straightforward about it.

My question to the Minister is specifically about the human rights aspects of this. The Elections Public Bill Committee has been warned that this policy may be in breach of human rights. It quizzed Gavin Millar QC, who said that there will

“inevitably be challenges to this as incompatible with the European convention on human rights”.––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 109, Q165.]

I draw the Minister’s attention to article 1, protocol 1. What legal advice have the Government had that makes them so sure that this policy is not in contravention of our human rights laws?

[Michael Ellis]

Of course we do not discuss legal advice, but what I can say is that people also have a human right not to have their votes stolen. In 2019, the Electoral Commission found nearly 600 allegations of electoral fraud. They had to be investigated by the police, and 142 of them were related to alleged voting offences. So this is a problem, and it needs to be dealt with. This was a Government manifesto commitment and we intend to follow through.

[Cat Smith]

My question was specifically about how this legislation is compatible with human rights laws, so may I invite the Minister to publish the legal advice his Government will have received in the Library of the House of Commons, so that all Members, especially those on the Bill Committee, which is currently sitting, can be confident that this legislation is not in breach of human rights law?

[Michael Ellis]

I am very grateful to the hon. Lady for her repeated question, but she well knows that successive Governments, from both sides of the House, do not publish legal advice, and there is a good reason for that. But she can be assured that this Government are very focused on protecting the human rights of all, and that includes those who have been subject to personation, where their votes have been taken by someone else. That is also a human right that we seek to protect, and we will continue to do so.