Dissolution and Calling of Parliament Bill

Cat Smith Excerpts

2nd reading
Tuesday 6th July 2021 Commons Chamber

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

I begin by saying how lovely it is to see the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), back on the Front Bench after her absence, how well she is looking, and—without wishing the entire debate away—how much we are looking forward to her contribution at the end of this Second Reading debate.

As the Chancellor of the Duchy of Lancaster said, the Bill seeks to do two things: it repeals the Fixed-term Parliaments Act 2011 and it reinstates the status quo before that Act came into force. Effectively, it is turning back time. It is on those two points that I shall focus my remarks.

I suspect that we shall have quite a lot of debate today about whether the Fixed-term Parliaments Act worked. The Minister has set out clearly that he believes that it did not, but I believe there is an equally valid argument that aspects of it did work, although of course it was not without its pitfalls and flaws. The best example was the 2015 general election, which took place five years after the 2010 general election. It worked in the sense of holding the coalition Government to that timetable. However, I would argue that we could also say that the 2017 general election proves that the Act worked, because there were clauses within it for having an early election and those were gone through in the 2017 election.

The debate about whether the Act works probably centres around whether the 2017 to 2019 Parliament worked. That probably highlights the flaws in the Act. The fact that the Act said the Prime Minister could control the date of the election was, I would argue, one of the main sticking points of the Act, because at that point the Opposition felt the Prime Minister might abuse the Act to leave the European Union with no deal. Therefore, the Act was not without flaw.

There are also the issues around confidence motions and the questions that they raise. I think that will probably be explored in quite a lot of detail.

[Dr Julian Lewis]

I concede the hon. Member’s point that the Act did work as far as holding the coalition together until 2015 was concerned, but it did not work in 2017. If it had not been for the fact that the Scottish nationalists and the Liberal Democrats, for political reasons of their own, decided to allow the Dissolution, that stasis could have gone on for months, or years longer than it did. The Parliament would have been paralysed endlessly until the end of the five years. That cannot be right, surely.

[Cat Smith]

I will let other parties answer for their own actions. I certainly do not seek to speak for them. I think it would be a misinterpretation to say that the Act was purely for the purpose of holding the coalition together. I think that was a huge reason for support in certain parts of the then Government, but actually it was an idea that had been batted around in politics long before then. Indeed, I believe it had been a matter for various private Members’ Bills before the coalition Government came into office. It was certainly not an idea that was just thought up to hold the coalition together.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I look forward to sparring with the hon. Lady on another constitutional Bill. Just to come back to the point she made about trying to set the date of the last election, she may recall that, 24 hours before the one-line Bill was passed, the Fixed-term Parliaments Act failed again to cause the election. The one-line Bill was put through and the irony was that it was by a two-thirds vote of the House. That undermines the FTPA because it shows it was just being used to play games.

[Cat Smith]

It is a pleasure to see the right hon. Gentleman in his place and I, too, look forward to sparring with him again on constitutional matters. I do not disagree with that. I am certainly not stood here to mount a defence of the FTPA. I was outlining some ways in which I felt the Act did work, but I am also highlighting huge flaws in the Act. Indeed, there is a reason why, in the Labour manifesto of December 2019, we said we would repeal it. The point he raises about the Prime Minister being able to control the date of the election is a huge reason why the Act is flawed. However, I am arguing that the principle of having fixed terms in itself is not necessarily a bad principle; it is a very pro-democracy principle.

[Christine Jardine (Edinburgh West) (LD)]

Something occurs to me. Those on the Government Benches might say there was stasis for two years, but perhaps the public expected politicians to debate and find a way ahead for the country, rather than just fix into positions and refuse to compromise. The way is not always to jump. It should not always be the Government alone who decide what is best for the country. That is Parliament’s role, surely.

[Cat Smith]

It would not be at all like the Liberal Democrats to dig into a position and hold it. [Laughter.] I do not believe that that Parliament hit the troubles it hit necessarily just because of the FTPA. If the Act had not been in place, there would still have been huge problems, because the governing party could not command confidence within its own Members and have a majority for its flagship policy. That was the sticking point for that Parliament.

The Act has been used as quite an easy scapegoat. It is blamed for all the ills of that Parliament. While it is not a perfect piece of legislation, and I support its repeal, I can see that the principle of fixed terms is not, in itself, necessarily a bad thing. Indeed, I believe the then Prime Minister, David Cameron, said 10 years ago, during the passage of the Act, that it was the biggest move of powers from the Executive in several centuries. That raises the question, if we are to repeal that Act and go back to the status quo and the old way of doing things, whether today is the biggest transfer of powers from the legislature to the Executive. Indeed, the 2015 Conservative manifesto celebrated the Fixed-term Parliaments Act’s success:

“We have also passed the Fixed Term Parliament Act, an unprecedented transfer of Executive power.”

That raises the question of whether we are transferring power back to the Executive and, if so, whether that is something this House really wishes to do.

[Sir Charles Walker]

I thank the hon. Lady for giving way, as this is such a therapeutic exercise. It is 10 years of hurt. [Laughter.] I am like a dog with a bone. The problem with the Fixed-term Parliaments Act in 2011 was that it transferred responsibility for keeping the coalition together away from the leaders of each of the coalition parties to Parliament. It was never any of Parliament’s business to keep that coalition going; it was the responsibility of David Cameron and Nick Clegg.

I feel so much better for having got that off my chest for the second time in a decade. I thank the hon. Lady.

[Cat Smith]

If it does not work out in politics, perhaps I have a career as a therapist.

I find it remarkable that Ministers sitting on the Treasury Bench filed through the Lobby 10 years ago to vote for the Fixed-term Parliaments Act, as today they will presumably be voting the opposite way.

[Aaron Bell]

The hon. Lady asks who power is being transferred to but, as the Chancellor of the Duchy of Lancaster said, it is a transfer to the people.

I enjoyed the hon. Lady’s exchange with the hon. Member for Edinburgh West (Christine Jardine), but the problem with the 2017 Parliament is that it did not trust the people, which is why we ended up where we did. That is why we had to have the election we eventually had, and it is why we had the result we did. If we just trusted the people, we would all be much better served.

[Cat Smith]

The hon. Gentleman is right to say this is about power and where power lies. Where we probably disagree and diverge is on the definition of where power is moving to and from.

The Bill before us transfers all the power into the hands of one individual, the Prime Minister. The power to call an election currently lies with all 650 Members of this House, who are elected by the people. I would argue that power to the people lies more in keeping the Fixed-term Parliaments Act. Of course I disagree with the Act, and I support its repeal, but I disagree with the Government’s replacement.

[Several hon. Members rose—]

[Cat Smith]

If I may, I will make a little progress. I am conscious of time.

I want to say a few words about comparisons, because it is always important to compare this House and how we do things with other countries and other parts of the United Kingdom. It is about the principle of who has the power to decide when an election takes place, or whether it should be fixed.

The Opposition believe that the democratic position to take, as a starting principle, is that these things should be fixed. Indeed, that is already the case for the Scottish Parliament, the Senedd Cymru and the Northern Ireland Parliament, as well as for our local councils in England and English elected Mayors. We know, and the voters know, when those institutions and individuals will be up for re-election, when they can re-elect them to do their job or reject them if they disagree.

The only question mark lies over this House and when this House goes to the people and the country. We are out of step even within our United Kingdom. In most parliamentary democracies, Dissolution is controlled by the legislature, with varying degrees of involvement from the Executive. I would argue that is good for democracy and, of course, for planning legislation and passing the Government’s manifesto, which the people would have voted for. It helps civil servants to work and plan with politicians, and it helps our electoral administrators, who have frankly been put under an awful lot of pressure in recent years. It helps us as political campaigners to know when a long campaign spend will start, because if we know when an election is called, we know when the spending limits can start kicking in. It is also good, most importantly, for voters to know when they can either re-elect or reject a politician.

The UK has a strong tradition of parliamentary sovereignty, and I believe that Parliament should be central to any decision to dissolve.

[Alec Shelbrooke]

I just want to probe the hon. Lady’s point about when to hold elections. Is she saying that there could be a period of time when the Opposition would not want to fight an election?

[Cat Smith]

Of course, in most circumstances an Opposition will want to have an election. If the right hon. Gentleman is referring to the 2019 situation, that was not about not wanting to have an election; it was about not wanting a situation in which the Government could take the country out of the European Union with no deal. That was the sticking point, and that was the issue with the date. In most situations, an Opposition would always want an election. Indeed, I can say quite confidently that I would do a darn sight better job than the right hon. Member for Surrey Heath (Michael Gove), but he knows that.

[Chris Bryant]

Might there not be a point where the Opposition just wanted to form a Government, because the Government had lost the confidence of the House but the Prime Minister would want to have a general election, because the numbers in the House might allow two different kinds of Government?

[Cat Smith]

I find it difficult to disagree with my hon. Friend. Indeed, the points that he has made, not just in that intervention but in earlier interventions on the Minister, have raised some important questions that I hope the House will consider. I am grateful that the Bill will be considered in Committee of the whole House and that we will have the advantage of my hon. Friend’s insights at that stage, as well as his contribution in the Joint Committee.

There is no way that this legislation would be before us this afternoon if it did not provide an electoral advantage. When Governments decide when elections happen, there is absolutely no doubt that it can be played to their advantage. As has already been made clear, the Government can call an election before bad news is about to be delivered, or if they feel that their Opposition are in disarray. Professor Petra Schleiter from Oxford University did a comparative study of 27 western and European democracies and found that when governing parties had the power to control when elections happened, they gained, on average, a 5% electoral advantage. Those of us who live and breathe politics will understand that that is the difference between forming a Government and falling out of government. That is why I would argue that it is anti-democratic to allows all the power to lie in the hands of one individual.

[Anthony Mangnall (Totnes) (Con)]

I am sorry to interrupt the hon. Lady, but that argument is somewhat of a straw house of an argument, because that could still be used at the end of a five-year parliamentary term if the Government stacked their legislative programme to be so in the interests of their constituent base that they would win anyway. So I am not entirely sure that her argument holds water, because either way, the Government of the day, whatever their colour, are able to do whatever they want in legislative terms that is most beneficial to their constituents.

[Cat Smith]

I suppose the difference is that when there is a five-year Parliament and all the parties know when the election is happening, there is a level playing field, unlike when a Government can call a general election unexpectedly if the advantage lies entirely with the governing party and not with any of the Opposition parties. The Bill therefore skews power towards the Executive and towards incumbent governing parties. It also gives Prime Ministers the power to haggle with Parliament by threatening early Dissolution and early elections. I would also argue that the Fixed-term Parliaments Act—although it is flawed and I certainly support its repeal—puts us more in line with other democracies that constrain the power of Prime Ministers.

Turning to the monarch and the attempt to restore the royal prerogative with legislation, if the Crown is left as the only check on untimely requests for Dissolution, that would inevitably draw the Crown into controversy if such requests were refused. Perhaps the Minister will shed some light on that in her closing remarks, but I struggle to see the circumstances in which a sovereign might decline a request for an election. I would argue that the most effective way of avoiding such a constitutional crisis would be to leave decisions on Dissolution to Parliament, which is the right place for what is a quintessentially political decision. The House of Lords Constitution Committee said when it published its report on the Fixed-term Parliaments Act in September:

“Reform of the Fixed-term Parliaments Act must keep the Queen out of politics.”

I sincerely agree with that. The Government’s proposal that the monarch should be the only check on a questionable request for Dissolution inevitably risks dragging the monarch into politics. I argue that the easiest way out of such a situation would be a parliamentary vote on Dissolution, which would protect the monarch from being dragged into politics.

[Mr Goodwill]

Will the hon. Lady give way?

[Cat Smith]

I would like to make a bit more progress.

I put on the record my thanks to Professor Meg Russell and Professor Robert Hazell for their evidence to the Joint Committee, which I have found very useful, as well as for their informative podcast, of which my hon. Friend the Member for Rhondda (Chris Bryant) was a feature.

The arguments that I have heard for leaving Dissolution in the hands of Parliament have convinced me that it would be the easiest way to keep the courts out of these decisions. Clause 3 will be a topic of quite heated debate. It is impossible to imagine the crack through which the courts could intervene had a House of Commons decision to trigger a statutory power of Dissolution been recorded. If the Government adopted that approach, we could remove the ouster clause, which would then be self-defeating in its current terms.

As long as Prorogation continues as a prerogative power, one way to avoid Parliament being prorogued against its will would be to make the prerogative power exercisable at the request of Parliament, rather than on the advice of the Prime Minister. An alternative would be to abolish the prerogative power and put Prorogation on the same footing as the power of Adjournment, thereby enabling Parliament to be prorogued when the House of Commons passes a motion to that effect.

Ultimately, I believe that Dissolution should remain in the hands of Parliament, not the Executive. The Bill is very much about the question of where power lies. The Fixed-term Parliaments Act was problematic and there are certainly aspects of it that I will be quite happy to see the back of, but the principle of having fixed terms is not in itself necessarily a bad thing—indeed, it puts us on a level footing with many other western democracies and progressive democracies around the world, and in line with our own Parliaments here in the United Kingdom.

Prorogation should be in the hands of Parliament, not the Executive, so I urge all colleagues, as this Second Reading debate continues, to consider where power should lie and how checks on that power can be put in place. If indeed we are to place power in the hands of people, I argue that the situation is far stronger if that power lies in the hands of the elected representatives in this House, rather than in the hands of one Prime Minister.

--- Later in debate ---

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

With the leave of the House, I shall make some closing remarks on behalf of the Opposition. As the Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), is now at the Dispatch Box, let me begin by welcoming her back. I am sure she has heard all the comments made by colleagues this afternoon and hope she feels appreciated. I agree with what the right hon. Member for Basingstoke (Mrs Miller) said: it almost feels like the Minister has never been away. As her opposite number, I can say that she has never been more than a text message or Microsoft Teams call away. I know that it must have been quite challenging at times, but it is a credit to her, her strength and her strength of character that she has continued to do the job in the way she has through an incredibly challenging time personally. Now that she is back, she is not going to be easing her way back into it, because we have not only this chunky piece of legislation before us but the Elections Bill to come.

This is probably a good opportunity for me not only to welcome the new SNP spokesperson on election matters, the hon. Member for Argyll and Bute (Brendan O’Hara), who made an incredibly passionate speech, but to pay tribute to his predecessor, the hon. Member for Glasgow East (David Linden), who was a pleasure to work with and a fully signed up constitutional geek, unlike the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie), apparently—he claims not to be but I am sure that we can convince him otherwise.

This was a very good debate and I wish to make a few comments about what was said. I referred just a moment ago to the hon. Member for Argyll and Bute, who made a strong case for the argument that this legislation is a huge power grab by the Executive. Indeed, I agree with him that clause 3 looks very much like the Government are still smarting from the 2019 court judgment on the Prorogation that never was. I reach out to my SNP colleague and suggest to those on the Government Benches that one way to solve the perceived problem that the Government have, and the reason for clause 3 being in the Bill, could be a parliamentary vote on Dissolution, which would pave a way forward.

Alongside many other Members, the right hon. Member for Scarborough and Whitby (Mr Goodwill) raised the issue of shortening the election period. Indeed, election periods have got much longer—although in the most recent election, of course, the days were much shorter. I urge all colleagues to listen to their local electoral administrators, because there are significant challenges in running elections for those who are behind the scenes, not just for us who are campaigning. One of the biggest challenges we have is the processing of electoral enrolments. I suggest to the Minister that we could look again—perhaps it could be included in the Elections Bill—at a process of automatic voter registration, which would include everybody who was entitled to vote on the electoral roll and save an awful lot of time. Perhaps that would give us the freedom to shorten the election period without putting additional pressure on electoral administrators.

My hon. Friend the Member for Rhondda (Chris Bryant) made many salient points in the debate, but ultimately he called for a level playing field, which is a concern that runs right across those of us have concerns about the Bill.

I have sparred with the right hon. Member for Elmet and Rothwell (Alec Shelbrooke) on many other constitutional and electoral matters over the years—it is always a pleasure—but I very much agreed with him when he was talking about the threats to democracy and democratic systems globally, including his point about the United States of America. However, I disagreed with his analysis of the 2017-19 Parliament, which was echoed by some of his colleagues. I think we are unfairly blaming the Fixed-term Parliaments Act as the sole cause of the difficulties that the Government had at that time. If I close my eyes and imagine that that Act was not in place in the 2017-19 Parliament, I do not see that the political path would have been much smoother for the Government, so it is unfair to blame solely that Act for the Prime Minister’s difficulties at that time. When we legislate, we should be careful not to base everything on recent political experience. Indeed, we are legislating for constitutional matters that should not only secure as broad a consensus as we can across the House but stand the test of time. We should not base everything on the specific and unique circumstances in that Parliament.

I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for reminding us that he is, of course, one of the remaining veterans of the coalition Government. He referred to the Fixed-term Parliaments Act as a “necessary modernisation” and I agree with him. That is certainly borne out as true if we look across similar parliamentary democracies across Europe and the western world; we would be out of step by reverting to the old way of doing things—indeed, to do so is arguably a regressive step. He warned that the party that is in government today is not necessarily going to be in government forever and that those on the Opposition Benches might one day be in government. We should all be careful what we wish for and consider the fair and level playing field that we all seek to achieve.

I really enjoyed the contributions made by many Members. The hon. Member for Newcastle-under-Lyme (Aaron Bell) had an awful lot to say, but his take-down of the ridiculous situation of having a super majority in the Fixed-term Parliaments Act was very succinct. Indeed, it was total nonsense that there was any super-majority in the legislation in the first place. I certainly do not think that the hon. Member for Totnes (Anthony Mangnall) built any bridges with his Liberal Democrat colleagues in his contribution.

The Bill before us does two things: it repeals the Fixed-term Parliaments Act 2011 and reinstates the status quo as if the past 10 years did not happen at all. On the first of those matters, the official Opposition absolutely agree with the Government that the Fixed-term Parliaments Act 2011 should be repealed. However, the Government have some way to go to have our confidence that this Bill is worthy of our support. We certainly cannot wish to drag our monarch into politics. We should ensure that Parliament has a central role to play in the process, as is right in any modern democracy, and certainly has a say over Dissolution.

I say to the Minister that if this was a Bill in isolation, that would be one matter, but there is a pattern of behaviour and a pattern of legislation coming out of this Government when it comes to constitutional and election matters. The attacks on the Electoral Commission from members of her party, the attacks on judicial review, and making it harder to vote by requiring ID at polling stations when there is very little problem to solve shows a pattern of behaviour that does cause concern. So much of our politics and parliamentary procedures rely on people being, as my hon. Friend the Member for Rhondda said, good guys—and women, of course. If that is broken then everything else will fray at the edges.

Ultimately, this Bill is about where power lies. I would certainly argue that power should lie with the people, but this is a power grab by the Executive against the legislature. The Bill as it currently stands needs an awful lot of work if it is to have our confidence.

[Mr Deputy Speaker (Mr Nigel Evans)]

Minister, we have already had many messages from within the Chamber welcoming you back to the place where you rightfully belong. May I say on behalf of every Member of Parliament that it brings us great joy to see you back here in Parliament?

Oral Answers to Questions

Cat Smith Excerpts

Thursday 27th May 2021 Commons Chamber

[Michael Gove]

We are not seeking to emulate America; we are seeking to emulate the Labour Government who introduced a form of photographic identification for voters in Northern Ireland when they were in power. I should say that the hon. Lady made reference to working-class people, and overwhelmingly, working-class people now are much more likely to vote Conservative than Labour.

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

The Chancellor of the Duchy of Lancaster knows fine well that there was evidence of voter personation in Northern Ireland, which was why we needed to see a change in legislation there, but he also knows that there have been only four convicted cases of electoral personation in Britain. So with £4 million of taxpayers’ money already down the drain on testing this policy, that is £1 million per conviction; I have got to ask him, does he think this is really a good use of taxpayers’ money?

[Michael Gove]

Oh yes, absolutely.

[Cat Smith]

I have to question whether the right hon. Gentleman thinks that is a good use of taxpayers’ money when there are people waiting for mental health beds up and down this country; I have to ask him whether it is the Government’s priority when we have children needing to catch up on the education that they have been denied over the past year. If the Government want to spend this money on electoral matters, why not get the 9 million people who are not registered correctly in this country registered on the electoral rolls, allow them to use their vote and consider introducing universal voter registration?

[Michael Gove]

The hon. Lady makes two important points. Obviously, as we emerge from covid concentrating on recovery in public services is important, and she is absolutely right to say that there is work to be done not just in mental health but in the NHS and education, but fundamentally the integrity of our democracy is an important issue. As she knows, and as she has been reminded by my hon. Friend the Minister for the Constitution and Devolution, the Labour party’s own internal democracy depends on the production of voter ID and—[Interruption.] Facts are chiels that winna ding, as we say in Aberdeen, and on that basis we are delighted to be emulating Labour party policy, in this regard at least.

Covid-19 Update

Cat Smith Excerpts

Wednesday 12th May 2021 Commons Chamber

[The Prime Minister]

My hon. Friend is totally right to raise the work of care homes, and we have put in repeated investments; I think another £1 billion went into supporting care homes throughout the pandemic. She is also right to raise the very painful questions of visiting and the ability of care home residents to leave their care home safely, and in that we have to balance the risks to them as well. We tried to increase the number of visitors they can have, and we hope very soon that greater freedoms will be possible.

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

Can the Prime Minister reassure the House that the terms of reference of this inquiry will include those suffering from long covid and the diagnosis, treatment and support for those who will no doubt be suffering for the foreseeable future?

[The Prime Minister]

The hon. Lady makes an excellent point, and I am sure the chairman of the inquiry will want to consider that as we set up the inquiry in due course. I certainly do not exclude that the inquiry might want to look at long covid.

His Royal Highness The Prince Philip, Duke of Edinburgh

Cat Smith Excerpts

Monday 12th April 2021 Commons Chamber

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

Tributes to His Royal Highness the Duke of Edinburgh have flooded in from around the world, but for the next two minutes I want to share the tributes from the small corner of Lancashire that I have the privilege to represent in the House.

The Queen is the Duke of Lancaster, so there is a strong sense of connection between many of my Lancashire constituents and the royal family. Many will have seen the Duke, along with the Queen, on many royal visits, including, most recently, to celebrate the 750th anniversary of the Duchy of Lancaster. The Duke made many visits to Lancashire during his long life, but few were as memorable as his carriage ride across Morecambe Bay. On May Day in 1985, he crossed the treacherous bay at low tide accompanied by Cedric Robinson, the Queen’s Guide to the Sands. He crossed from Silverdale to Kent’s Bank with a team of horses—the first time that that had happened for 130 years. More recently, the Duke, alongside the Queen, visited Fleetwood in 1994 for Rossall School’s 150th birthday celebration. Those memories are a treasured and lasting gift to all our community.

Across Lancaster and Fleetwood today, flags are flying at half-mast, including above our civic buildings and, of course, above Lancaster castle. In our schools and youth centres, there will be a lasting legacy too. The Duke made a tremendous contribution to our communities through the Duke of Edinburgh’s Award scheme, which provides vital opportunities to young people across Lancashire. It offered me, like so many young people, opportunities to give service to my community, learn new skills and build lasting friendships. I hope that this legacy supports generations of young people to come.

The Duke of Edinburgh served this country with dignity for almost 70 years, alongside and supporting Her Majesty the Queen. At this difficult time, we offer our thoughts and prayers that she will find God’s comfort and strength in the times to come. On behalf of my constituents, I pay tribute to a remarkable man who supported Her Majesty as her husband, as her consort and as the Duke of Edinburgh for longer than the vast majority of my constituents have been alive. He truly gave a lifetime of service to our nation, and it is clear from the tributes that the nation is coming together now to mourn his loss and celebrate his extraordinary life.

Oral Answers to Questions

Cat Smith Excerpts

Thursday 25th March 2021 Commons Chamber

[Chloe Smith]

I can, and indeed, an update will be provided to the House today by written ministerial statement, which will give Members full details. The Electoral Commission has produced guidance for the count, and we have worked with it to ensure that that is properly up to date and assists in understanding some of the tensions in the arrangements that will be needed by returning officers to run successful counts. Of course, the need for free and fair elections often comes to the fore of people’s minds at the count, where scrutiny is just as essential as public safety in this case.

I can reassure my hon. Friend that we continue to put out guidance on other elements of the overall election process, including postal votes. I take this opportunity to emphasise that postal votes and other items of paperwork do not need to be quarantined, contrary to some recent media reporting. That has also been made clear by the Electoral Commission and others.

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

The trouble is that our democracy is not open to everyone. Millions of voters are still missing from the electoral register, but instead of prioritising that, the Government have chosen to prioritise their discriminatory policy requiring voters to show photo ID—plans that will cost millions of pounds and put up barriers making it more difficult to participate in democracy, and all that while curbing free expression and the right to protest. I should not be surprised at the Minister’s half-hearted approach to being innovative in making this May’s elections accessible. What would she say to a vulnerable person who has voted in person for their entire life but now feels it is unsafe to do so due to this Government’s lack of action?

[Chloe Smith]

I would encourage any such person to apply for a postal vote, which I will be using at this local election. Many people will prefer to do it that way, and that is absolutely fine, as it has always been. May I call out the hon. Lady for her needless posturing? I would like to say that I am surprised by it, but it is not even new—she does it every single time—and in this case, she has not taken the opportunity to explain to the House why the Labour party does not even practise what it preaches. It still asks for voter ID at its own meetings, and that is because it is a reasonable and sensible policy.

Draft Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021

Cat Smith Excerpts

Tuesday 16th March 2021 General Committees

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

Labour will support the SI as a practical step to give voters greater flexibility when applying for an emergency proxy vote in the context of covid-19.

The provision is important, allowing voters who develop symptoms of covid-19 on election day to exercise their democratic right to vote by appointing an emergency proxy. People should not be forced to choose between their health, public health, and their right to vote. We support the measures as far as they go, but I want to make it clear that they do not begin to go far enough.

The Government have had nearly a year to put in place the necessary provisions to protect our democracy, but Ministers have once again been too slow to act, and here we are, at the eleventh hour, passing legislation for emergency proxy votes, which were entirely foreseeable almost a year ago. I am deeply concerned that Government inaction risks creating a perfect storm of disenfranchisement, with dangerously crowded polling stations and long queues on election day.

The provisions only begin to scratch the surface when it comes to the opportunities to make voting and democracy more accessible in the UK. The Government should have used this moment to update the most archaic and inaccessible aspects of our democracy. For months, Labour has been calling on the Government to adopt and introduce safer voting methods, including voting over multiple days and all-postal voting.

With so many questions left unanswered, I hope the Minister will answer a few of mine in her closing remarks. When do the Government plan to give local authorities specific information about the £30 million allocated by the Cabinet Office to make elections covid-secure? Electoral officials tell me that they are still uncertain about how the money can be spent and whether they will be entitled to claim it all back, given the huge expense of Perspex screens, personal protective equipment, and cleaning equipment.

As the Minister has pointed out, people whose health changes at the very last minute risk being disenfranchised at future elections, but she has indicated that the measures will end in February next year. Will she consider extending the changes to proxy voting rules and making them a permanent change, to ensure that our democracy is open to people, regardless of what happens to their health—or indeed they might have family emergencies—on polling day?

Will the Government consider updating our electoral process for the 21st century? Franky, the covid emergency has revealed the archaic nature of our electoral system and electoral laws, which still demand at future elections printers for postal vote applications and physical signatures for the nomination process, for example. Has the Minister observed the elections in the Canadian province of Newfoundland and Labrador? Those were scheduled to go ahead in February, but owing to a covid spike, in-person voting was cancelled the day before the election, and an all-postal vote ballot had to be turned around at short notice. Can the UK Government learn any lessons from elections that have taken place around the world?

Draft Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order 2021 Draft Police and Crime Commissioner Elections (Welsh forms) Order 2021

Cat Smith Excerpts

Monday 1st March 2021 General Committees

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

It is a pleasure to see you in the Chair this afternoon, Ms Ghani.

I shall begin by addressing my remarks to the draft Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order 2021. Labour supports this SI today as a practical step to ensure that the nominations process for candidates standing at elections in May can go ahead safely, considering the public health crisis. There is no doubt that candidates wishing to stand for election should have access to reasonable options for completing and submitting the necessary nomination papers that minimise the risk of transmission of the virus to them or to their families and contacts. A vulnerable candidate should not be put off running for election because of the risk caused by collecting wet signatures.

We support the measures as far as they go, but they do not go far enough. The Government have had nearly a year to put in place the necessary provisions to protect our democracy, but Ministers have once again been too slow to act. With two months to go, we have yet to see any proper plan from the Government setting out how the elections will be run safely, while councils face shortages of electoral staff, lack of venues, and funding uncertainty. I am deeply concerned that Government inaction risks creating a perfect storm of disenfranchise-ment, with long queues at polling stations on election day.

The SI that we are debating today is a prime example of the Government’s unwillingness to think outside the box. The nominations process should be fully digitised, to eradicate any concerns about the virus. Moreover, that is a change that could be maintained in future elections. Labour has consistently called on the Government to adapt and introduce safer voting methods, including voting over multiple days and all-postal voting.

There are also widespread concerns about how the counts will go ahead, given the number of people usually crammed into an indoor, poorly ventilated space. I would like to raise a couple of concerns that I hope the Minister will address in her closing remarks. Combined authority mayoral candidates or members of their team will still need to travel between several different local authority areas during the nomination process to collect wet signatures. Is the Minister concerned about that? What steps will be taken to ensure that that travel is covered by Government guidance on lockdown travel? Will the Minister outline whether she intends to maintain that change to the nominations process for future elections?

Lastly, will the Government consider updating our electoral process for the 21st century? It is frankly a basic change, to ensure that the nominations process has an option to be fully digitised.

Labour supports the Police and Crime Commissioner Elections (Welsh Forms) Order 2021. There is no question but that all necessary electoral forms should be provided in the Welsh language. It is crucial that the Welsh language be protected, particularly within our democracy. It is a crucial cornerstone of Welsh identity. The Welsh Labour Government are committed to increasing the use of Welsh with a target of a million Welsh speakers by 2050, so Labour welcomes the change.

Covid-19: Road Map

Cat Smith Excerpts

Monday 22nd February 2021 Commons Chamber

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

University students, many of whom were not eligible for furlough for their part-time jobs, were already struggling financially. Today’s road map suggests that the vast majority of those students will not be able to return to their university accommodation until after Easter at best. They are legally being prevented from returning to accommodation for which they are obliged to pay. Does the Prime Minister think that that is fair? If he does not think that it is fair, what will he do about it?

[The Prime Minister]

I sympathise deeply with students who have had a time at university that no other generation has put up with. I sympathise deeply with their sense of unfairness, with the experiences they have had. They have been heroic, by the way, in the in which they have been able to bring the disease down in some university towns by obeying the guidance. We will do whatever we can to support them, working with the university sector, to make up for the experiences they have been through and to make sure, insofar as we can, that we help them to get compensation.

Oral Answers to Questions

Cat Smith Excerpts

Thursday 11th February 2021 Commons Chamber

[Michael Gove]

The hon. Gentleman makes a series of important points. It is quite right that some political activists have been leafleting on the ground in a way that current rules do not allow for, and we deprecate that across the House. His broader point is right as well, of course; we must make sure that our democratic processes are free from any taint of interference. He is also right that the role of property developers needs to be scrutinised when we are looking at how we clean up our politics, and I know that he will be as eager as I am to make sure that Unite the union does so as well.

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

The advice that came from the Government this week on local elections was welcome; however, the most innovative idea appeared to be to bring your own pencil to the polls, so I would like to ask the Chancellor of the Duchy of Lancaster two specific questions.

The first is on the use of schools as polling stations. Many schools are having to use school halls for teaching, which would not normally have to happen. What support will the Government give local registration officers to find appropriate venues with appropriate ventilation?

The second question is on the issue of elections falling into different areas of the tiering system, which may well be in place by May. Might there be an unfair political advantage to one candidate if the restrictions were lesser in one area than another?

[Michael Gove]

The hon. Lady raises two important questions. The first is with respect to schools. The Minister for School Standards, my right hon. Friend the Member for Bognor Regis and Littlehampton (Nick Gibb), will be writing to local authorities and schools today, alongside Ministers in the Ministry of Housing, Communities and Local Government, to outline how schools can be used in a safe and appropriate way, but we are also making funding available to local authorities so that alternative venues other than schools can be used where appropriate.

The hon. Lady’s second point, relating to unfairness as a result of different restrictions perhaps occurring in different local government areas, is an important one, and one that we are taking into account as we plan for these local elections.

Elections: May 2021

Cat Smith Excerpts

Wednesday 13th January 2021 Commons Chamber

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

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the May 2021 elections.

[The Minister for the Constitution and Devolution (Chloe Smith) [V]]

Safe and secure elections are the cornerstone of any democracy, and Parliament’s decision, as set out in primary legislation, is that these polls should go ahead in May. Due to the pandemic, many of these elections have already been delayed by a year, but voters have a right to be heard and to decide who governs them. During the pandemic, local authorities will have taken many serious decisions impacting directly on residents, on matters from council tax to road closures, and those are important issues on which elected representatives should be held to account.

Given the situation, however, we are, as the Prime Minister set out last week, keeping this position under review. Any change would require very careful consideration, including by this House, and would need to be based on robust evidence. There should be a high bar for any delay.

I remind the House that we have already seen polls go ahead despite coronavirus, in this country—for example, council elections in Edinburgh and Aberdeen—and internationally, with other countries holding general elections. Since the announcement of the postponement of the 2020 elections, we have been working towards holding them in a covid-secure manner, and we will put in place a strong set of measures to support this. Voters have a choice as to how they participate in elections—at the polling station, by proxy or by post. We want to maintain that choice, but we recognise that the pandemic may change people’s needs and preferences. We actively encourage anybody who is shielding or who would prefer not to attend a polling station to apply for an absent vote instead of going in person. We will bring forward additional measures to support absent voting, including extending the ability to appoint a proxy, so that anybody who might be affected by covid-19 in the days before the poll is still able to make their voice heard. The Government this week set out our plan to roll out vaccines at pace, which will ensure that the most vulnerable are protected and provide a route map towards relaxing the restrictions when safe to do so.

We have worked closely with the Electoral Commission on the production of guidance to aid all involved. This guidance is based on the latest public health advice and will be updated as necessary ahead of the polls. We have been working across Government to ensure that any activity required for participation in and the delivery of the polls is technically allowed under covid regulations. I thank local government officials, who have stepped up to the mark enormously in dealing with new and challenging issues, in many cases since last March. That should be recognised. We are grateful to them for all the work they have done, and we will continue to work closely with them and all involved in elections to support them in delivering the elections successfully.

Finally, hon. and right hon. Members will know very well the importance of campaigning and providing information to voters. As well as the technical aspects of elections, voters rightly expect that campaigning activity should only be carried out safely. I can confirm that the Government have also worked with the parliamentary parties panel to ensure that we are aware of the views from political parties, and we will continue to do that. We recognise the importance of parliamentary scrutiny of this area. We will continue to keep the House updated on the preparations for the safe holding of these elections, which are an important upcoming moment in our shared civic life.

[Cat Smith]

It is a pleasure to see the Minister respond to the urgent question. I wish her well with her continued recovery.

As the Minister set out, elections have been suspended for more than a year, and a record number of polls are now set to take place on the same day, with every elector able to cast a ballot in one election or another. It is deeply disappointing that the Government have failed to provide clarity on how these polls will be covid-secure.

Clarity is urgently needed by local councils, electoral staff, candidates, campaigners and, of course, the public. This is yet another example of the Conservative Government being too slow to act. Ministers have had many months to make the necessary changes to protect our democratic process. Instead, they are treating these elections like business as usual. Across the world, countries have demonstrated that elections can take place safely with the right safety measures in place. National elections were held in the US, New Zealand, Singapore, Iceland and Lithuania last year. Labour has consistently called for safer voting methods to be introduced, including voting over multiple days and an all-postal ballot. Will the Minister explain why the Government have taken no action so far? Will she also confirm whether the Conservative party chair took advice from Conservative party candidates about the timeframe for a possible delay? The scheduling of elections should come above party political advantage.

Will the Minister confirm, in no uncertain terms, that these elections will not be postponed in an irresponsible, last-minute U-turn? Unless councils are informed of changes in good time, unnecessary expenditure will be wasted on the printing of poll cards and other preparatory work. Given the crippling Government cuts, councils simply cannot afford to be caught on the hoof here. Electoral staff have expressed deep anxiety about running these elections safely without additional funding, so will the Minister produce clear guidance and training for local authorities about how to make polling stations and the count covid-secure?

High numbers of electoral staff are volunteers, with many in the high-risk category under covid-19 guidance. Does the Minister expect at-risk people to risk their health to support the safe running of these elections? The Welsh Labour Government have been working to ensure that elections can still go ahead safely. What steps have the Government taken to co-operate with the devolved nations? Finally, does the Minister share my concern that the Government’s lack of preparation will force many people to choose between their health and their right to vote?

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the Minister to answer, let me say that the hon. Lady took rather longer than the time allocated to her. I simply warn everyone taking part in the statement today that I will not allow long questions or speeches from people who are meant to be asking questions. I know that the Minister will give short answers. I am determined that in one hour, we will get all 25 people on the Order Paper in to ask their questions. If we do not, those who do not get to ask their question can blame those who took too long in asking theirs.