Representation of the People

Cat Smith Excerpts

Wednesday 13th November 2024 Commons Chamber

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

I thank the Government for bringing these regulations to the House more than six months before the next scheduled set of elections. It is a benchmark of good protocol and good practice in the electoral community to bring such changes forward with good notice, because of course they affect electoral administrators up and down the country. We did not see that under the last Government, with legislation often considered by the House just a couple of months before administrators were having to implement it. I therefore thank the Government for the good notice that they are giving today.

While I welcome the regulations and will support them, there are still some huge gaps in the accessibility of ID for voting. The Electoral Commission’s early research suggests that those who are unemployed, those from lower socioeconomic groups and disabled people are struggling to access ID that enables them to vote. That is reflected in the statistics we have seen from the last general election.

The Electoral Commission, which is our independent regulator, did an awful lot of good work at the general election to ensure that public awareness of the need for ID reached the vast majority of people. I believe that 87% of people were aware of the policy, but awareness fell in certain groups, particularly among young people, where it was just 71%, and those from ethnic minority backgrounds, at 76%. I call on the commission to continue to focus on the groups that are more difficult to reach, and I call on the Government to support the commission to be able to do that work so that we do not see a repeat of the general election in July, where about 16,000 people did not have the required ID to vote and were turned away at the ballot box. That is a travesty.

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

I am grateful to the hon. Member for making that point. I am interested in the report that has come out, which I have not had a chance to see. I believe that Northern Ireland has had voter ID since 2003—that system has been in place for two decades—so we have a direct comparison within the UK of voters in the general election, from which we can learn. Is there any evidence to suggest that Northern Ireland struggled? Given that it is two decades ahead of England in this case, would not it be interesting to see the comparative data so that the Government can take that forward and learn from Northern Ireland?

[Cat Smith]

The hon. Gentleman is testing my memory: I have read comparative data on Northern Ireland, but that was some time ago. I believe that it took several electoral cycles in Northern Ireland for information to be understood by the electorate and used more confidently.

The way in which the free voter ID cards are issued in Northern Ireland is different from Great Britain, and that brings me to voter authority certificates. One thing that I felt disappointed about at the last general election was the lower than expected take-up of those certificates. That might be partly because they were not made as appealing as they could be, and that was not necessarily about the application process.

I believe that in Northern Ireland people get a plastic card that can be used as ID for things other than voting, whereas the voter authority certificate in Great Britain is a piece of paper, which someone who is, for example, 19 or 20 years old will not want to take with them down to the local nightclub to try and gain access. The small plastic card, which is more durable for other purposes as well, had a higher take-up. Will the Minister respond with her thoughts about whether voter authority certificates could be expanded or developed, perhaps learning from parts of the United Kingdom where they have had higher take-up?

In the public opinion data from the general election, we learned that 4% of people who did not vote said that their decision was related to the voter ID requirement. My concern is that that research suggests there are people who are not turning up at polling stations for that reason. The data that the Government can access is from those who turn up at polling stations and are turned away, but I think that we are missing a lot of people who never left the house. Certainly my experience on polling day was of meeting voters who knew they did not have access to ID—perhaps they did not know about the voter authority certificate—and had decided to stay at home.

I approach this in a positive way and want to put recommendations and suggestions to the Minister on how we can improve access to democracy, which is incredibly important. I am pleased to hear that the Government will review the list of accepted forms of ID. I plead with the Minister to look seriously at ID that is accessible to younger voters, those with disabilities and those from ethnic minorities in addition to the veteran card, whose inclusion I very much welcome.

As the original legislation passed through Committee, one thing that was debated was whether registered voters who have ID and can prove their identity could make an attestation at the polling station on behalf of someone who does not have accepted ID, which is known as vouching. For example, we have Mr and Mrs Smith, and while Mrs Smith has a driving licence, Mr Smith does not, and neither of them have passports. They could go to the polling station together, where she could attest that her husband, who is with her, is who he says he is—the entitled voter—and use one ID to vouch for the whole household to ensure that he is not disenfranchised. I came across such a case in my constituency at the election.

As has been said, turnout at the general election fell below 60%, which was the lowest level since 2001. It was down 7.6 percentage points on the 2019 general election. That should give us all pause for thought. I believe that we have a crisis of voter participation in this country, with voters who are entitled and registered to vote choosing not to vote. The crisis is not people turning up at the polling station, pretending to be someone they are not and taking more votes than they are entitled to; it is those who are entitled to vote not voting. When turnout declines, the strength our democracy declines with it. I am pleased to hear the Government talk about strengthening participation in democracy, and I hope that the Minister will be able to say a little more about that in winding up.

May I ask the Minister whether she plans to return to the House—and if so, whether she has an idea of the timescale—to add more IDs to the list of acceptable IDs? Does she agree that to strengthen democracy we should be looking at how to increase voter participation and not placing additional barriers to people taking part?

On that point, the electoral roll continues to be deeply inaccurate. We now have the technology to look seriously at automatic voter registration, and the state knows who lives where and who is entitled to vote, so is there a way in which we can ensure that our electoral roll is far more accurate and reflects where people live so that it is easier for people to vote at a general election?

[Florence Eshalomi]

My hon. Friend makes a valid and important point. One constituent raised with me the fact that when they move, before they have finished unpacking they get a council tax bill. We can get people’s information for that, so should we not register them to vote in the same way? The data is there.

--- Later in debate ---

[Cat Smith]

As I would expect, the Chair of the Housing, Communities and Local Government Committee makes a valid point. The reality is that in this country we make it very difficult for people to register to vote. I think that we can make it easier. We can make people’s lives easier, and hopefully encourage participation in democracy. As I said, I am worried about the health of democracy in this country, and one of the things that worries me the most is the lack of participation. Voter turnout being on the decline concerns me, and I believe that it should concern the whole House.

Political Parties, Elections and Referendums

Cat Smith Excerpts

Wednesday 31st January 2024 Commons Chamber

[Simon Hoare]

Nothing. If the hon. Gentleman is looking for that, then he has completely misunderstood the purpose of the statement and the operational independence of the Electoral Commission, and apportioned malign intentions to the Government. I know that he wants to say, “Oh, this is mission creep because that is something else, and the Government are trying to take over an independent body”—it is nothing of the sort.

Madam Deputy Speaker, I know that others wish to speak. They can read the statement for themselves, but I hope that the examples I have given indicate that the strategy and policy statement augment what the Electoral Commission does. My Department and I have good relations with the commission. We never seek to direct. We admire and respect the work that the Speaker’s Committee on the Electoral Commission does in discharging its duty. I have the honour of being a member of that Committee, as do the Chair of the Levelling Up, Housing and Communities Committee, the hon. Member for Sheffield South East; the hon. Member for Luton South (Rachel Hopkins); the hon. Member for Lancaster and Fleetwood (Cat Smith); and others—so it is not even weighted in His Majesty’s Government’s favour.

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

rose—

[Simon Hoare]

This is a benign statement, supporting the commission in its work, addressing the changes introduced post the Elections Act 2022 (Commencement No. 7) Regulations 2023. It is all part of our process to ensure that our electoral system is resilient, open, transparent, secure and has the maximum access to all who have the eligibility to cast a vote on whichever election day it may happen to be. How they vote is entirely up to them; how the commission sets its priorities is entirely up to it. Mr Speaker and his Committee will hold the commission to account, not Parliament. There is no mandate in the statement that the commission has to provide a statement or report, annually or quarterly, to my Department or to the Secretary of State. The usual communication channels between the Speaker’s Committee on the Electoral Commission and the Electoral Commission remain.

Given the fragility of our democracy and the outside pressures facing most western democracies today, I suggest to right hon. and hon. Members that, in trying to ascribe ill intention, Machiavellian motivation and some sort of surreptitious purpose of undermining democracy to this benign statement of good will, they demean themselves and they demean and weaken democracy.

--- Later in debate ---

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

It is a pleasure to follow my hon. Friend the Member for Sheffield South East (Mr Betts). I associate myself with everything he said, which allows me to cut short my speech; I am conscious of time, Madam Deputy Speaker.

When preparing for the debate, I took a little time to learn what the public think of the Electoral Commission. Some research was carried out, and the words most frequently used by voters to describe the commission were “independent”, “important” and “professional”. At a time in our politics when fake news, misinformation and artificial intelligence are seen as threats, and frankly are threats, to the security of our democracy—indeed, during Prime Minister’s questions earlier we had Members spreading fake news about vaccines and things—should it not be a source of great pride for our country that the Electoral Commission is held in such high regard by voters, who rely on it to safeguard the independence of elections and of democracy itself?

Fairness and accountability in electoral regulation depend on a strong and independent regulator, which is what the Electoral Commission is. It fulfils the vital role of overseeing our elections and regulating political finance in the UK. The commission’s independence is established in statute as a public body, independent of Government, and accountable to Parliament through the Speaker’s Committee on the Electoral Commission, for which I am a spokesperson. I regularly attend the Chamber and answer questions from colleagues on both sides of the House about the commission’s work. In a healthy modern democracy, we should seek compromise on matters of democracy and the regulation of elections, and not allow one party to set all the rules.

One party is in Government today, but there will have to be an election, and should another party form the next Government, they could author the next statement. We need to ensure that the structures that we agree as a House can withstand changes of political party in government. Political parties that are not represented in the House today might one day be elected to this House, and they might not value democracy as much as I know all right hon. and hon. Members here today do. The structure that we are being asked to approve today comes straight out of a Republican party playbook of politicising the Electoral Commission. Those of us who see that as a threat do so because we look at what is going on in other countries and other democracies. We also look at what has been going on here through the various iterations of Conservative Governments over the past 14 years.

The hon. Member for Glasgow North (Patrick Grady) set out some of this already, but it is worth reiterating that this is not a first offence. This is a Government who repealed the Fixed-term Parliaments Act 2011 to allow a Prime Minister to decide when the starting whistle can be blown on a general election. This is a Government who changed the way that electoral registration worked, moving from household registration to individual electoral registration, which meant that millions of people fell off the electoral roll—at which point, the Government decided to draw the new electoral boundaries using the numbers in that snapshot. By the way, those electoral boundaries were for 600 MPs, because at that point that number looked advantageous to the Conservative party. Then we had the 2019 general election and the picture looked a little different. It was then more electorally advantageous for the Conservative party to have 650 Members, so guess what happened? Yes, with absolutely no explanation, we went back to 650 Members.

The freedom to protest peacefully is important in a democracy, but it has been curtailed under this Government. The Elections Act 2022 contains a plethora of things that are damaging to the security and safety of our democracy. Voter ID has been widely discussed in this House, and it is true that it is easier for some voters to vote with photo ID than it is for others. A now ex-Minister slipped up and accidentally said what was actually happening, which is that an attempt to gerrymander in the Government’s favour had suddenly been found not to be in their favour. Voter ID was an attempt to make voting harder for those who were not planning to vote Conservative and easier for those who were planning to vote Conservative, although it arguably backfired somewhat.

The Government are also changing the rules on who can vote, which is important, and this week we have seen changes that remove the 15-year limit on overseas voters. We now have a situation in which a person who has lived outside this country for 16 years can vote in UK general elections, but a 16-year-old who has lived in the UK all their life cannot vote in a UK general election. Who gets to vote is political.

This is the politicisation of the Electoral Commission. The Elections Act changed the electoral system for police and crime commissioners and Mayors to the party political advantage of the Conservative party. The general election spending threshold for political parties has been raised way above inflation, with absolutely no explanation other than that the Conservative party feels confident that it has the money to spend. Now we have a strategy and policy statement to direct the work of our independent commission. I will call it what it is. This is the politicisation of the independent Electoral Commission. All Members of this House who believe in the independence of our Electoral Commission would do well to cast their vote against this motion today, because the consequences will be far-ranging.

The point of the Minister’s statement, which he has now read out several times, is that any future Government may set the direction and policy priorities of the independent Electoral Commission. Let us keep politics out of the Electoral Commission by opposing this motion today.

--- Later in debate ---

[Simon Hoare]

I hope the hon. Gentleman will forgive me, but I will not, because the House has a lot of business today. Let me address the points that have been raised by others, because I want to give due attention to the points they have made.

The hon. Member for Lancaster and Fleetwood (Cat Smith) really should have a word with her own Front Benchers about overseas voters. Let me quote from her hon. Friend the Member for Vauxhall on the statutory instrument we took upstairs on Wednesday 6 December 2023, when, from the Labour Front Bench, she told the Committee:

“We do not oppose the principle of overseas voting and giving citizens who still have a strong connection to the UK a voice in our elections, and that includes people who still have a strong connection to our local services and communities”.—[Official Report, Eighth Delegated Legislation Committee, 6 December 2023; c. 6.]

So the hon. Member for Lancaster and Fleetwood is entirely out of step with her hon. Friend on the Front Bench.

[Cat Smith]

I thank the Minister for giving way this time. I wish to object in that the Minister is very much misportraying the point I made in my remarks. The point I made is that it is a political decision to decide who gets to vote, and I was comparing 16-year-olds in the UK with someone who had lived outside the UK for 16 years. That was the point I raised, and I do not think it is at all inconsistent with those on my own party’s Front Bench.

[Simon Hoare]

I heard the hon. Lady very clearly say that in principle she was opposed to overseas voters. If I misheard her, then I apologise, but that was certainly the thrust of the remarks she made.

The hon. Member for Luton South (Rachel Hopkins) describes the statement as a political agenda. Is improving disabled access having a political agenda? If so, or if that is the charge, I am going to plead guilty. Is cracking down on electoral fraud? If that is the charge, clap me in irons. Is ensuring that the rules of registration and the importance of voter ID are promoted? If so, take me off to the Tower. I plead guilty as charged.

Draft York and North Yorkshire Combined Authority Order 2023

Cat Smith Excerpts

Tuesday 12th December 2023 General Committees

[Jacob Young]

Absolutely. We have a statutory responsibility to consult. I will come on to that later.

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

The Minister said that the Mayor would be elected every four years on a fixed-term basis. Why does he think that that is a better system than the Mayor being able to decide when he or she wishes to have an election, just as the Prime Minister gets to choose when to hold the UK general election?

[Jacob Young]

Local government generally holds elections every four years. We are considering a local government Mayor and we therefore think that it is right that they are elected every four years.

As I was saying, the adult education budget will be devolved to the combined authority later, as agreed with the area. That is with a view to the area being responsible for skills and adult education from the academic year 2025-26, subject to its meeting the readiness conditions, and to parliamentary approval of the secondary legislation that confers the functions.

The order also provides for the governance arrangements of the combined authority. Each constituent council will have two members on the combined authority, and the Mayor will appoint one of them to be Deputy Mayor. The Mayor will also appoint a Deputy Mayor for policing and crime, who may be any person the Mayor considers appropriate. Those governance arrangements provide that the PFCC functions and certain other functions—for example, the power to designate a mayoral development area, or to draw up local transport plans and strategies—are to be exercised by the Mayor personally. The Mayor may delegate the exercise of those functions to another member or officer of the authority, with particular specified arrangements for the PFCC functions.

The order will be made, if Parliament approves, under the Local Democracy, Economic Development and Construction Act 2009, as amended by the Cities and Local Government Devolution Act 2016. As required by the 2016 Act, along with this order, we have laid a section 105B report, which provides details about the public authority functions that we are devolving to the combined authority, some of which are to be exercised by the Mayor.

The statutory origin of the order is in a governance review and scheme adopted by the constituent councils in accordance with the requirements of the 2009 Act. It reflects the agreed devolution deal.

As provided for by the 2009 Act, the councils of York and North Yorkshire consulted on the proposals in their scheme. That goes directly to the point that the hon. Member for Wansbeck made. The councils promoted the consultation by several means and activities. Responses could be made online or directly by email or on paper. That public consultation ran from 21 October to 16 December 2022, and a total of around 2,500 people responded to it through a variety of platforms. As statute requires, the constituent councils provided the Secretary of State with a summary of the responses on 9 March 2023. The results of the online survey show that a majority of 54% of respondents support or strongly support the overall proposals for the establishment of and the governance arrangements for a new mayoral combined authority and an elected Mayor.

The Secretary of State is satisfied that the order meets the statutory tests in the 2009 Act, namely that no further consultation is necessary, and that conferring the proposed powers would be likely to: improve the exercise of statutory functions in the combined authority area; reflect the identities and interests of local communities; secure effective and convenient local government, and ensure that, where the functions are local authority functions, they can be appropriately exercised by the combined authority.

Most importantly, the order opens a way to providing the very considerable funding for the area set out in the deal. That includes £18 million of annual investment funding for York and North Yorkshire for the next 30 years. In total, that will mean more than £500 million to be invested in the area to drive growth and take forward local priorities. The deal also includes an additional £1 million to support the development of local transport plans, more than £13 million for building new homes on brownfield land during 2023-24 and 2024-25, and £7 million investment to drive green economic growth, along with investment of up to £2.65 million in projects that support the area’s priority of delivering affordable, low-carbon homes.

The existing local enterprise partnership will be integrated into the new combined authority to facilitate support for the local economy and the business sector. The Government are currently investing £25.4 million from the UK shared prosperity fund and from the Multiply fund in the York and North Yorkshire area. From 2025-26, York and North Yorkshire Combined Authority will plan and deliver this funding, if the UKSPF is continued and delivery geographies remain the same. All that will help the Mayor and local leaders to drive economic growth and development for rural, coastal and urban communities across York and North Yorkshire.

I pay tribute to the local leaders and their councils for all they have done and continue to do to address local priorities and support businesses, industry and communities across York and North Yorkshire.

The order, which is supported locally, is a significant step forward for York and North Yorkshire, its businesses and communities. It is key to the future economic development and regeneration of the area, and it will enable local leaders to invest in and address local priorities effectively. I commend it to the Committee.

Draft Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

Cat Smith Excerpts

Monday 13th November 2023 General Committees

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Jacob Young)]

I beg to move,

That the Committee has considered the draft The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023.

It is a pleasure to serve under your chairmanship, Dr Huq, and to introduce these important regulations.

In our manifesto, we committed to ensuring the ongoing integrity of our democratic process by stopping postal vote harvesting, and we are delivering on that commitment. Postal vote harvesting is the practice of third parties collecting the votes of a large numbers of postal voters. Last year, Parliament passed the Elections Act 2022, which introduced some significant changes to electoral procedure in the UK such as voter identification, improvements to the security of postal and proxy voting, and online applications for absent votes, and I am delighted to introduce a statutory instrument, that flows from that Act and implements three measures concerning the handling of postal votes and the secrecy of absent voting. The changes aim to tackle the practice of collecting, or harvesting, the votes of large numbers of postal voters and to enable electors to cast their votes confidently and securely outside of the polling station.

The first measure introduces a ban on political campaigners handling postal voting documents issued to another person. The second sets out that, in addition to their own postal vote, an individual will be able to hand in the postal votes of up to five other electors, either at a polling station or directly to the returning officer, which is typically achieved by handing them in to the returning officer’s staff at the council office. The third measure extends existing secrecy provisions for those voting in person in a polling station to those voting by post and by proxy. The measures implement recommendations set out in the 2016 report into electoral fraud published by Lord Pickles, and are designed to improve the security of absent voting and make it less vulnerable to potential fraud.

Let me set out the measures in the statutory instrument in more detail. Currently, there are no restrictions on who may hand in postal votes or how many may be handed in by any single person, and there is no record of who has handed in a postal vote. That is unacceptable, because it creates opportunities for unscrupulous individuals to undermine the integrity of postal voting. For example, there is a concern that voters could be coerced into completing their postal voting statement before handing the unmarked ballot paper to be filled in elsewhere by someone else, or that completed ballots could be tampered with out of sight of the voter and the returning officer. Tackling the collection, or harvesting, of votes in this way delivers on a manifesto commitment that we are determined to deliver on.

Furthermore, even when acting legitimately, people seen handing in large numbers of postal votes create the perception and suspicion of impropriety, which can be damaging to public confidence in the electoral system. We want to address that while striking the right balance between security and propriety and keeping the electoral process accessible. Under the draft regulations, in addition to their own postal vote, a person will be able to hand in the postal votes of up to five other people either at a polling station or to the returning officer via the council office. We consider that that is a reasonable limit that will support the integrity of postal voting. A person handing in postal votes will be required to complete a form that includes information such as their name and address, the number of persons whose postal votes they are handing in, and the reason for this. Postal votes in excess of the limit or not handed in in accordance with those requirements will be rejected.

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

If a member of the public or an elector turned up at a polling station with more than the permitted number of postal votes, how would it be decided which one of those postal vote packs was to be rejected?

[Jacob Young]

My team will help to clarify that so that I can respond to the hon. Lady in my closing speech, but I believe the situation is that a person will be able to hand in one of those postal votes—presumably deemed to be their own—and the others would be rejected. Only one of those postal votes would count in that situation.

[Cat Smith]

If an individual had a wodge of completed postal votes, how would they know which one was theirs and which ones they were handing in on behalf of other people?

[Jacob Young]

That would be for the individual to know themselves, but I am happy to try to bring clarity to the hon. Lady’s questions in my closing speech.

The regulations will update all relevant prescribed forms to ensure that the new limits are set out clearly for electors. That information should help electors to plan accordingly and to return their postal votes via the post where possible, and if they are handed in, they will know the permitted number that they can submit. After the poll, the returning officer will put together lists of rejected postal ballot papers, and the electoral registration officer will, where possible, write to those whose postal votes have been rejected to notify them and give them the reason, or reasons, why. That will ensure that postal voters are informed of the rejection of their postal vote and can, if necessary, act to avoid the same thing happening at future polls.

The Government’s concerns about vote harvesting are magnified further when it is carried out by a political campaigner, which is why the Act, supported by the regulations, bans such individuals from handling postal vote documents that are issued to another person, unless the political campaigner is a family member or their designated carer. The ban is supported by a new offence, which carries a maximum penalty of up to two years in prison, a fine or both. The regulations apply an equivalent new ban and related offence to other kinds of elections not directly covered by the Act, such as police and crime commissioner elections.

Currently, requirements protecting the secrecy of a person’s vote are in place for people voting in a polling station. It is essential that electors opting for an absent vote receive equal protection under the law. The secrecy of the ballot is fundamental to our democracy, and the ability of voters to cast their vote freely without pressure should apply equally, whether they are in a polling station or marking their ballot at home. Therefore, it will be an offence for a person to seek information about whom a postal voter is voting for when they are completing their ballot paper or to communicate that information. However, the offence does not apply to legitimate opinion polling activity asking how a postal voter has voted or how they intend to vote. As well as protecting postal voters, the measure provides that a person voting as a proxy for another elector at an election must not communicate to a third party for whom that person voted. As with the ban on vote handling by political campaigners, the Act also makes secrecy changes to other types of election.

[Cat Smith]

I hope I am not testing the Minister’s patience, but something that struck me when reading the regulations was the lack of clarity around the definition of a political campaigner. While it might be obvious if someone walked into a polling station wearing a rosette that they were a political campaigner, if they removed that rosette, would they therefore not be a political campaigner—or is a political campaigner anyone who has delivered a leaflet for a candidate or political party or who has voiced support for a certain political party on their own private social media? I wonder how we will define “political campaigner”, because it strikes me that doing so will be particularly challenging.

[Jacob Young]

The definition of a political campaigner for the purpose of the new postal vote handling offence and the exemptions that apply to that offence is set out in the Elections Act 2022. After the debate, I am happy to write to the hon. Lady with the exact part of the Act that specifies that.

In conclusion, the measures are sensible safeguards against the potential abuse of absent voting and will reduce the opportunity for individuals to exploit the process and steal the votes of others. I hope that in setting out the details of the statutory instrument the Committee will appreciate its careful and considered design for supporting absent voters and strengthening the electoral process, which is the foundation of our democracy. I commend the regulations to the Committee.

--- Later in debate ---

[Cat Smith]

I do not usually speak from the Back Benches on SIs, but as the spokesperson for the Speaker’s Committee on the Electoral Commission, I have the duty of answering questions on the Floor of the House on electoral matters, and there are a couple of things I would like some clarity on, because I suspect I will be answering questions on the consequences of this legislation quite soon.

I want to begin with the consultation process on this legislation. I have been made aware that the Electoral Commission has been consulted, but that is the extent of the external bodies that have been consulted. I make a plea to the Minister to pause slightly and consult a little more widely than just the Electoral Commission, because local authorities that have to deliver elections on the ground have some strong opinions on this legislation. I certainly think there would be time, should the Minister so wish, to consult the Association of Electoral Administrators, the Society of Local Authority Chief Executives and other organisations that are able to provide clear insight into how we can secure the ballot, but in a way that is both secure and inclusive and does not disfranchise people. I suspect there will be people around tea tables up and down the country right now discussing how an unelected Prime Minister plucks out a failed politician and makes him Foreign Secretary. Trust in our democracy—and our democracy as a whole—is incredibly precious, and we must protect it.

The pressure on local authorities is significant. I know that, as a local government Minister, the Minister will have frequent conversations with local authorities around the country, hearing about how stretched they are, but this legislation is putting a lot of pressure on our returning officers, who are often volunteers who give up their time to staff polling stations to ensure everyone can take part. Up until now, they have been in charge of issuing ballot papers based on whether the name matches the name on the electoral roll and, more recently, on whether the ID does as well.

This legislation is about rejecting a completed ballot paper, which is a completely different requirement that we are putting on people who are often volunteers. I would also say that we are putting these duties on council reception staff, who are not trained in electoral law and did not necessarily step up to do that job thinking that this duty was part of the package. We are asking people working on reception desks in county offices up and down the country to make that assessment as well. I think that that needs to be considered, and I urge the Minister to do further consultation with local government.

On the recruitment and retention of polling staff, could the Minister say anything in his closing remarks on what he is doing to improve that? I know it is of great concern to an awful lot of individuals.

Looking to the evidence, could the Minister also tell me how many fraudulent postal ballots have been taken into, first, polling stations and, secondly, town hall counters or reception desks, and how many have been dropped into Royal Mail post boxes? That, ultimately, is the massive loophole in this legislation. Postal vote harvesting is a crime, and it is not a victimless crime, because votes being stolen is a crime. I do not dispute that, and I do not think anyone in this room would, but if someone harvesting postal votes can drop 20 or 30 completed postal packs into a Royal Mail post box and get those votes counted no bother, and we disfranchise a person with six sick relatives who turns up on the day to hand in those votes at the polling station only to realise they cannot do that, are we not taking legitimate votes from legitimate voters while allowing fraudsters to go in through the backdoor? It is like building a massive fence around the property but not putting any gates at the front.

I also want to know what will happen to postal vote packs that are dropped through council letterboxes. If it is not clear whether a postal vote has come via Royal Mail delivery or has been hand-delivered through a council letterbox, how on earth is a council officer meant to differentiate between those two things? One would require the checks and one would not. I would love to know how the Minister sees a way through that.

Finally, the best way to strengthen our democracy is to increase participation. The best way to secure every ballot is to ensure that everyone turns out to vote. If everyone turned out and voted, and voted freely and not under pressure, we would have a legitimate election in which votes could not be stolen because they would all be used. I will finish by asking the Minister what steps he is taking to strengthen democracy by increasing participation in it.

[The Chair]

To respond to all of that, I call the Minister, Jacob Young.

[Jacob Young]

Thank you for calling me, Dr Huq. I thank all hon. Members for their thoughtful consideration and input today. I will take this opportunity to provide further clarity on some of the points raised, including by the hon. Member for Lancaster and Fleetwood just now.

On the question of whether a ballot can be handed in through a council letterbox versus into a post box, a postal voter may return their vote only by post or by handing it directly to a returning officer or their returning officer’s team. In the past, it appears that individuals were informally allowed to put their postal votes through a council letterbox as a way of returning their vote. However, where a person puts a postal vote into a council letterbox, it is not counted as having been returned by post, for example via Royal Mail. The new handing-in requirements will therefore apply to such votes. Postal votes handed in through a council letterbox cannot be treated as being in accordance with these requirements and will therefore not be counted in the election to which they relate. The postal voting statement that postal voters receive with their postal ballot paper will notify postal voters of the new requirements and caution them not to put any postal votes in a council letterbox, for this reason.

The hon. Member for Lancaster and Fleetwood mentioned further consultation with the Association of Electoral Administrators and others. We formally consulted the Electoral Commission on these regulations, as the hon. Lady rightly said, but we have since also engaged with the Association of Electoral Administrators, the Society of Local Authority Chief Executives and the wider election sector throughout the development of this policy and legislation, and we continue to do so as we approach implementation.

In terms of the justification for this policy, the hon. Member for Lancaster and Fleetwood referred to how many examples of postal vote fraud there have been, but I do not think that low levels of prosecution for fraud should deter us from introducing changes that protect the integrity of our elections. That is exactly what we are trying to do with this policy.

[Cat Smith]

Will the Minister say how many prosecutions there have been? I recognise that prosecutions do not necessarily represent all the cases that have happened, but could he say how many prosecutions there have been in the last, say, three years?

[Jacob Young]

I am happy to try to write to the hon. Lady with that statistic, as I do not have it in front of me today.

During my opening remarks, the hon. Member for Lancaster and Fleetwood asked what happens when someone hands in a number of votes that exceeds the total permitted number. To clarify, the individual will have to decide which of those postal votes is their own, and the election staff will have to take that decision at face value. If the person hands in the votes without the completed form, all the votes will be rejected—none will be accepted. I hope that provides the clarity the hon. Lady was seeking.

There has been a lot of discussion about the definition of a political campaigner. As I set out earlier, the definition of a political campaigner for the purpose of the new postal vote handling offence and the exemptions that apply to that offence are set out in section 4(2) of the Elections Act 2022. The Electoral Commission issues guidance to candidates at elections, and we expect that it will cover the new postal vote handling and handing-in requirements. We also expect that political parties will bring the new requirements to the attention of their members. We intend that the changes will be communicated to electors directly via forms, including the postal vote statement and poll cards, and through information made available to electors via gov.uk.

Additionally, information will be displayed on the Electoral Commission and other agency websites and in information provided by local authorities. We will continue to work with the Electoral Commission to develop this information and awareness. Also, when a person hands in a number of votes, they are given a form that requires them to confirm whether they are a political campaigner. That should provide the clarity the hon. Lady was seeking.

Nutrient Neutrality: Levelling-up and Regeneration Bill

Cat Smith Excerpts

Tuesday 5th September 2023 Commons Chamber

[Rachel Maclean]

I can assure the hon. Gentleman and anyone else listening to this, including his constituents, that the package we are bringing forward will protect the river and enable it to be in a cleaner state. That is backed up by our plan for water and the further announcements we are putting in place today. What is more, I know from his correspondence that his constituents also want to see affordable housing being built, and that is what this will enable.

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

My constituents, whether they live in urban Lancaster or in one of the rural Wyre villages, recognise the need for housing across north Lancashire, but they also recognise the ripping up of environmental protections when they see it, and they do not like that. The Minister seems to be very concerned about small house builders who are going bust, so will she take this opportunity to apologise on behalf of her Government, who crashed the economy, pushed up inflation and made materials more expensive and who have not dealt with the land banking that is really holding back house building?

[Rachel Maclean]

What I would like to see from Members on the other side of the House is an apology for talking this country down, which they have done repeatedly. I am not sure whether the hon. Lady was able to tune in to Treasury questions recently when the Chancellor set the record straight on how we now have one of the fastest-growing rates in the G7. It is this Conservative Government who will get every industry going, including the house building industry and small and large builders. We are on the side of the builders, not the blockers.

Oral Answers to Questions

Cat Smith Excerpts

Monday 10th July 2023 Commons Chamber

[Dehenna Davison]

I find myself a little confused, because we got a lot of criticism from the Opposition about round 2 of the levelling-up fund. They wanted us to get round 3 right, and we are taking the time to ensure that we get round 3 allocations right. We will, in due course, announce details on how we will allocate that money, which will change people’s lives.

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

3. If he will make an assessment with Cabinet colleagues of the capacity of local authorities to respond to unexpected costs arising from businesses entering liquidation.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

The local government finance settlement of up to £59.7 billion for 2023-24 increases core spending power by 9.4%. Most of that funding is unringfenced, as local authorities are best placed to understand their local priorities. The Government also spend approximately £8 billion through targeted long-term investment in high streets and small businesses.

[Cat Smith]

Residents in the Marsh area of Lancaster, Lancaster City Council and I are concerned about the future of a skip site on the Lune industrial estate that has gone into liquidation. The cost of clean-up is higher than the value of the land. Will the Minister make time to meet me and Lancaster City Council to discuss what steps the council can take to ensure that residents know that the environment they are living in is healthy and safe?

[Dehenna Davison]

I understand that the hon. Lady is in touch with the Environment Agency about that, and that there is an ongoing investigation. Although she will appreciate that I cannot comment on any specifics of the case, I would, of course, be happy to meet her to discuss the wider issue of waste remediation. Our Government are committed to tackling waste crime: we have increased the Environment Agency’s budget by £10 million per year and tightened the law to make it harder for rogue operators to find work in the sector and easier for regulators to take action against criminals.

Oral Answers to Questions

Cat Smith Excerpts

Monday 27th March 2023 Commons Chamber

[Rachel Maclean]

The hon. Lady raises a vital issue. We recognise the importance of protecting communities from flood risk. That is why we have been clear in the national planning policy framework that areas of flood risk should be avoided and that, where that is not possible, all risks should be mitigated. That is further supported by the flood risk and coastal change guidance, which has been updated. I am very happy to discuss that in more detail with her as it affects her communities.

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

6. What assessment he has made of the potential impact of the introduction of voter identification requirements on voter turnout for local elections in May 2023.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

We all know that turnout can vary significantly from election to election because of a wide range of factors, so it is not possible to model robustly the impact of a single factor on voter turnout. That was noted by the Electoral Commission during its review of the 2019 voter identification pilots. Our measures were introduced to help protect the integrity of our democracy—something that every one of us in this House should seek to do.

[Cat Smith]

Was the Department’s decision earlier this month to give the Electoral Commission an extra £1.5 million to promote voter ID made before or after the Department realised that take-up of voter authority certificates was very low?

[Dehenna Davison]

Part of the reason is to spread awareness about the new voter ID regulations. We have given that additional funding to the Electoral Commission, as well as additional funding of more than £4 million to local authorities, to promote those additional measures locally. We do not want to price anyone out of democracy, but we must protect its integrity at all costs.

Ballot Secrecy Bill [ Lords ]

Cat Smith Excerpts

Committee stage
Tuesday 7th March 2023 Public Bill Committees

[Paul Bristow (Peterborough) (Con)]

It is a pleasure to serve under your chairmanship, Mr McCabe.

Before I speak to the clauses of the Bill, I want to acknowledge all the work of my noble friend Lord Hayward, who sponsored the Bill in the other place. He is a man of tremendous knowledge of the subject, and it is a great privilege for me to sponsor the Bill in the House of Commons. I am grateful to noble Lords of all parties in the House of Lords who have worked together on the Bill. I thank Ministers and the Department, who have already been engaged with the Bill and improved it through amendment in the Lords.

The House of Commons has had an opportunity to debate the issues that the Bill seeks to address through my Westminster Hall debate on 14 December 2022, which considered the integrity of the voting process. I am grateful to the Minister, who responded then and who is with us today.

The Bill seeks to address issues of family voting, which is where an individual seeks to influence or guide another person, often a family member, when casting their vote. Democracy Volunteers, an independent organisation approved by the Electoral Commission and funded by the Joseph Rowntree Foundation, has identified, in its observations of elections and its reports, that family voting is an issue of concern across the country. Despite the introduction of the secret ballot in 1872, the Electoral Commission has identified that the practice of family voting was not illegal.

This is not a party political issue. Baroness Hayman of Ullock in the other place said:

“We supported the Bill at Second Reading and continue to do so…We need to make sure that we have…an understanding of exactly what is acceptable when people vote in a polling station.”—[Official Report, House of Lords, 18 November 2022; Vol. 825, c. 1158.]

Lord Rennard said:

“Clarity is what we need on these issues if the proper principles behind the Bill are to be enforced. I hope we will proceed very speedily with this Bill becoming law.”—[Official Report, House of Lords, 18 November 2022; Vol. 825, c. 1157.]

Clause 1 sets out the amendments to the Representation of the People Act 1983. A person will commit an offence if they are with another person at a polling booth, or near another person at a polling booth, with the intent to influence that person in a particular way of voting or to refrain from voting. Importantly, the clause is drafted to avoid criminalising innocent behaviour. The intent provision ensures that someone who is with another seeking to influence a vote, whether a bystander or an innocent family member, will not be liable to conviction themselves. Particularly importantly, it also means that someone who is assisting a person who is voting, such as a formal companion of someone who is blind or a presiding officer assisting a disabled voter, is not captured by the clause. That will include those accompanied by a child or children standing together alongside a parent.

The Bill does not have an impact on elections in Scotland or Wales. I understand that the Department for Levelling Up, Housing and Communities is making the devolved Administrations aware of the issues in this area and the intention to update the law.

Clause 2 provides for the amendment of Northern Ireland legislation. Elections are excepted matters and are not within the competence of the Northern Ireland Assembly. These provisions were introduced in the House of Lords by Government amendment. Clause 3 deals with the extent, commencement and short title. The measures that I have outlined will come into force on a day to be set out in regulations by the Secretary of State. That will allow for the necessary training to be undertaken and preparations made.

In conclusion, the Bill will provide the measures needed to ensure that the practice of family voting no longer undermines the secret ballot. Having a clear offence in law will provide the clarity and certainty that our polling station officials and police need to ensure that the practice is stamped out, and should in many cases improve equality in our voting processes. Some 150 years after the introduction of the secret ballot, we will ensure that all people—all individuals—are free to vote as they wish in secret.

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

It is a pleasure to serve under your chairmanship this morning, Mr McCabe. I congratulate the hon. Member for Peterborough on introducing the Bill. I do not think anyone on either side of the House will dispute the importance of the secret ballot or the fact that, in a strong democracy, everyone casts their vote for the candidate or party they wish to vote for without any undue influence. Indeed, the secret ballot was a demand of the Chartists, so it is a long-standing demand. I congratulate the Member for bringing the Bill forward, but I will make a few points, and I hope to catch the Minister’s ear.

The legislation goes some way to allowing people to cast their vote for the candidate for whom they wish to vote without undue influence, but it strikes me that there is perhaps a gaping hole in the legislation in that it does not cover postal votes. I draw the Minister’s attention to the Law Commission report on the reform of electoral law, which clearly sets out the weakness in the system around postal votes. Indeed, the commission’s reports on electoral law over the years have consistently pointed out that UK electoral law is fragmented, that some of it is very old, and that it has not been brought together in one consistent piece of legislation.

That makes electoral law challenging for electoral administrators, and confusing for candidates and political parties. Frankly, I suspect that the general public have no chance of fully understanding the complexities of electoral law. The Law Commission has for a long time called on the Government to rationalise electoral law into one single piece of legislation—I suspect that these days it would have to be four pieces of legislation, because of devolution to the countries of the United Kingdom. That would go some way to assisting those of us who participate in elections to understand, abide by and uphold the law.

I am not planning to take up much of the Committee’s time. To conclude, our democracy is always strengthened by participation and encouraging people to take part in democracy. When I first saw the Bill and heard the conversation around family voting, it struck me that perhaps the Committee could send a positive message and encourage parents of children under the age of 18 to take their children with them to polling stations, to show them what is behind the mysterious door of the polling station and how to cast their votes. Then, when they come of age and are entitled to vote, they would perhaps not be daunted by the mysterious place that is a polling station. If people do not know what is behind that door, it can be intimidating to go and vote for the first time. So perhaps another positive that could come out of the Committee is that united message of encouraging parents to take young children with them, and to lift the shroud of mystery around polling stations.

[Wayne David (Caerphilly) (Lab)]

I rise to ask a simple, straightforward question. The Bill applies to parliamentary elections across the United Kingdom, including Northern Ireland. It applies to English local elections and Northern Ireland Assembly elections. As was said, it does not apply to Scotland or Wales. Rather than just informing the Administrations in Scotland and Wales of this modest change to legislation, have there been any approaches to see whether the Sewel convention could be used, so that the legislation will automatically apply to Wales and Scotland, with their consent?

--- Later in debate ---

[Lee Rowley]

I am grateful to my hon. Friend for her suggestion. This exchange is highlighting some of the challenges around the level of prescription that needs to be in the process versus the level of discretion. That is one reason that we legislate in this place and a separate body provides interpretation.

The ultimate decision about whether things are appropriate or not appropriate in individual polling booths is down to the presiding officer in that polling booth. Presiding officers will take decisions based on the law and the guidance around the law, and the situation on the ground. I have been the elections Minister for only a few months, but I can see that there is an incredible amount of legislation and guidance in this area. That legislation and guidance provide significant prescription—it is important that there is consistency and clarity across the country when electoral events happen—but equally, guidance can never provide every piece of information for every scenario.

I take the point made by my hon. Friend the Member for Sleaford and North Hykeham and will feed it into our consideration, but it will be for the Electoral Commission to provide guidance and further information.

[Cat Smith]

The Minister will be glad to hear that the interventions have inspired another question from me. Will he confirm that the guidance is to be drawn up by the Electoral Commission? If so, the commission will be guided or influenced by the Hansard report of the Committee’s proceedings and the conversations we have had. However, after listening to the interventions that have been made from both sides of the Committee, it strikes me that a lot of pressure is being put on returning officers to interpret events. The Law Commission has been clear in its reports that the pressure on returning officers is increasing and the guidance is increasingly fragmented. We might be reaching a point at which the Elections Act is going to add to those complications.

Does the Minister have any concerns that encouraging people to be returning officers might be a challenge going forward, given their legal responsibilities, and the pressures of applying the law and interpreting events in polling stations? Indeed, I was not registered to vote at the last polling station I went to; I went with my partner. There were elections in Scotland and none in my part of England at the time. I think I jokingly said to him, “Vote Labour.” Can the Minster clarify that would not be a breach of the law? I am quite confident that he did not go and vote Labour.

Voter Identification

Cat Smith Excerpts

Tuesday 21st February 2023 Commons Chamber

[Lee Rowley]

My hon. Friend is absolutely right. There has been voter ID in Northern Ireland for 20 years, and it has run successfully. There is absolutely no reason why that will not be the case in the United Kingdom as a whole.

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

I agree with the Minister that the integrity of our democracy is incredibly important, but I suggest that the best way to strengthen security at the ballot box is to increase turnout, which would reduce voter fraud.

Two million people do not hold valid ID, and will not hold it in May. I remind the Minister that access to photo ID is a luxury and, in a cost of living crisis, the reality is that many of our constituents cannot afford the luxury of paying £82 for a passport or around £40 for a driving licence. They are being priced out of the ballot box. I urge him to look again at the list. After the May elections, will he make a statement to the House outlining what actually happened and how many people were turned away?

[Lee Rowley]

One of our reasons for offering a free voter authority certificate, which 21,000 people have already taken up, is to address precisely that question.

Draft Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2022

Cat Smith Excerpts

Monday 11th July 2022 General Committees

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

It is a pleasure to serve with you in the Chair, Mrs Miller.

I welcome the Minister to his new position, and I warn him that he might be hearing an awful lot from me when it comes to bids for the high streets in Fleetwood and Lancaster. Our high streets have suffered immensely in the last couple of years, and hospitality in particular has suffered, with lockdowns restricting businesses’ ability to open. Many have been very innovative and looked at different ways of trading. One of the things that I have been pleased to see is the burst of al fresco dining, especially in the Lancaster part of my constituency, where Dalton Square, which was a big thoroughfare for traffic, suddenly became pedestrianised, with tables and chairs put out.

That was all very pleasant, but I do want to raise a few issues with the Minister on behalf of my constituents. I have two particular constituents in mind. The first uses a guide dog, because he is blind. He has raised with me the particular issues with street furniture on Lancaster high streets. He is working with the Royal National Institute of Blind People and Guide Dogs. I appreciate that this is literally day one in the job for the Minister, but what consultation has he managed to have and will he commit to working with these charities to ensure that, when legislation is proposed, it is inclusive of all members of our community?

The second constituent I have in mind is a woman who uses a mobility scooter and recently came to one of my Fleetwood surgeries. She raised the issue of street furniture in Lord Street in Fleetwood. Again, this is not just about our constituents who are blind or partially sighted; it is also about our constituents with mobility scooters, and, I suspect, an awful lot of people pushing wide pushchairs and wheelchairs. It can become something of an obstacle course to pass through our city and town centres. What engagement has the Minister had with the broader disability charities and what consultation might he be willing to engage in?

I broadly welcome the changes. It is welcome to see the hospitality sector in many of our constituencies begin to get back on its feet. The best thing we can do to support our hospitality sector is to put more money in people’s pockets. If the Minister could have conversations with his colleagues in other Departments about making the uplift in universal credit permanent rather than removing it, that would go a long way to supporting our hospitality sector.