Oral Answers to Questions

Cat Smith Excerpts

Wednesday 16th May 2018 Commons Chamber

[Chloe Smith]

I pay tribute to my hon. Friend for his work in looking at such things—not only the form he mentions, but paperwork to assist people with a visual impairment or those who need to register anonymously. This Government can be proud of those achievements, and I would be happy to discuss his points further with him.

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

Three thousand eight hundred: that is the number of people nationally with no fixed abode who are registered to vote. Does the Minister agree that that is woefully under-representative of the number of homeless people and families in this country? One way to make it easier for people with no fixed abode to register to vote would be to remove the requirement to print the form. Why is the group of voters with the least access to a printer the only one that has to print out their paperwork?

Parliamentary Constituencies (Amendment) Bill (Third sitting)

Cat Smith Excerpts

Committee Debate: 3rd sitting: House of Commons
Wednesday 16th May 2018 Public Bill Committees

[Bambos Charalambous (Enfield, Southgate) (Lab)]

As one of the new intake of MPs in 2017, I am still getting to grips with how decisions are made and how futile the attempts of Back Benchers to get things done can be. I was told that Back Benchers could get something to become law by promoting a private Member’s Bill. Getting a First Reading is hard enough, but it is not insurmountable. Getting a Second Reading is nigh on impossible, because unless one is lucky enough to get into the top 20 in the private Member’s Bill draw, one is unlikely to get sufficient time to debate the issue. Even if sufficient time is granted, at least 100 MPs have to be present on one of the 13 allotted Fridays and then a majority of those voting have to vote for the Bill. To get to a Second Reading is a tall order.

At present there are 58 private Members’ Bills scheduled for the next sitting Friday on 15 June; 25 for Friday 6 July; 23 for Friday 26 October; and 18 for Friday 23 November. That is a total of 103 private Member’s Bills, the vast majority of which will never get a Second Reading, due to the lack of parliamentary time. When a private Member’s Bill does get through its Second Reading with a majority in the House on a Friday, surely the Government should respect the will of Parliament and grant a money resolution to allow the Bill to progress.

Earlier this morning, I looked up “money resolutions” on the Parliament website, which defines it as follows:

“A Money resolution must be agreed to by the House of Commons if a new Bill proposes spending public money on something that hasn’t previously been authorised by an Act of Parliament.

Money resolutions, like Ways and Means resolutions, are normally put to the House for agreement immediately after the Bill has passed its Second reading in the Commons.”

I ask hon. Members to note the word “immediately”.

The Bill passed its Second Reading on 1 December 2017. Five and a half months have passed and the Government are undemocratically disrespecting the will of Parliament, trying to smother this Bill by not granting a money resolution. This is a flagrant abuse of the customs and practices of this Parliament, as the hon. Member for Glasgow East has said. It is an attack on the processes of parliamentary democracy and on the few chances that Back Benchers have to influence and make changes. Parliament is not just the Government. The Government need to think very carefully about their disrespect for parliamentary democracy. Back Benchers need to be heard and respected.

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

I want to put on the record that the contents of the Bill promoted by my hon. Friend the Member for Manchester, Gorton have yet to be discussed in Committee because of the Government’s failure to table a money resolution. At the risk of sounding like a broken record, they have had five and half months to do so and give us the opportunity to discuss the Bill.

The content of the Bill gained wide consensus across the House five and half months ago, passing its Second Reading by 229 votes to 44. I have previously raised this point: this is about the will of Parliament. A lot has happened since the 2018 boundary review, which the Bill seeks to replace. The 2018 review started before we even had the EU referendum, and the number of people on the electoral roll has increased significantly.

The current boundary review, which will come back to the House in October, uses the figures from December 2015, when there were 44.7 million people, compared with the 46.8 million people recorded this year. Those are 2 million people whose voices will not be heard in the current proposed boundary review but which could be heard if my hon. Friend’s Bill had a money resolution. We could then discuss the Bill and gain cross-party consensus, because there is huge will across the House to do so.

We want an accurate electoral roll to decide the boundaries for this House. That is incredibly important post the Brexit referendum, which means we will lose Members of the European Parliament. The idea of losing them at the same time as we lose 50 MPs, while maintaining the size of the Government payroll, is a slap in the face to democracy. It hands more power to Government and less power to the people, which is the exact opposite of the wide consensus of what Brexit was about in the first place. We want an accurate electoral roll to draw our boundaries.

We also want power to be given to Parliament. By not tabling a money resolution, the Government have shown contempt and denied us the opportunity to debate the Bill. They have not respected the, to be frank, limited powers of Back Benchers to introduce legislation. I hope the Minister will be able to offer us more today than she managed at our previous sitting.

[The Chair]

Does the Minister wish to respond?

Parliamentary Constituencies (Amendment) Bill (Second sitting)

Cat Smith Excerpts

Committee Debate: 2nd sitting: House of Commons
Monday 14th May 2018 Public Bill Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

I beg to move, That the Committee do now adjourn.

I thank hon. Members and Clerks for assembling again to consider the Bill. I can only apologise that, again, we will not be able to make any progress.

Colleagues will have witnessed the extraordinary urgent question that I asked the Leader of the House on Thursday. It was extraordinary, first, for the onslaught that she was subjected to from Conservative Back Benchers. Members from her own party lined up to attack the Government, accusing them of: behaving undemocratically; committing an abuse of Parliament; denying the democratic rights of Members; breaching undertakings they gave to the Procedure Committee, and sending out the Leader of the House to defend the indefensible. As the hon. Member for Wellingborough put it, she was

“sent to the wicket not only without a bat, but without pads or a helmet.”—[Official Report, 10 May 2018; Vol. 640, c. 900.]

Any Leader of the House fulfilling her duty as Parliament’s representative in Cabinet would have relayed this strength of feeling to her colleagues and come back with a money resolution. Clearly, that has not happened.

Conservative Members joined colleagues from Labour, the Scottish National party and the Liberal Democrats to universally condemn the Government. I register my thanks to my hon. Friends the Members for Enfield, Southgate and for Nottingham North and to the hon. Member for Wellingborough for their contributions. I know others would have joined in if they could.

The urgent question was extraordinary, secondly, because it exposed how weak the Government’s arguments really are. After a certain point, the Leader of the House stopped attempting to answer questions that Members put to her and resorted to repeating the same two or three sentences over and over again.

First, the Leader of the House pointed to private Members’ Bills that have made progress in this Parliament. All that shows is that the Government will not block Bills that they already agree with. The function of a private Member’s Bill is to raise issues of public interest. At times, that may involve challenging the Government, if they are in opposition to the majority of Members and the public. The Government should not use procedure to block that, but allow an open and honest debate.

Secondly, the Leader of the House pointed to the financial initiative of the Crown, which is the principle that any spending of public funds must be proposed by the Government. I do not think anyone has proposed that we change that sensible, long-standing principle, but it is deeply disingenuous to claim that the Government are blocking the Bill for financial reasons. The Government do not want to allow the Bill to be debated because it would hurt the Conservative party’s electoral chances. They want to rig the electoral system in their favour and are blocking a Bill that would stop them doing that.

Finally, the Leader of the House tried to defend herself against Members of her own party by arguing that they stood on a manifesto pledging to implement the boundary changes. First, as the hon. Member for Wellingborough made clear, he and others opposed that. Secondly, the Government could show some humility because their manifesto did not actually win them a majority. Thirdly, as my hon. Friend the Member for Dewsbury (Paula Sherriff) asked, do the continual references to the Conservative party’s manifesto mean that we should expect Bills on foxhunting, grammar schools and the dementia tax soon?

The Government are starting to embarrass themselves over money resolutions. I urge the Minister to report back to her colleagues the anger in the Committee and across the House. The fundamental constitutional question of how many people should represent the country should be debated in the open, among Members and in front of the public, not in the back rooms of Government offices. If the Government are blocking the Bill because they do not think they can get enough of their Members to vote with them on it, they have more problems than just constituency boundaries.

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

I associate myself with my hon. Friend’s comments. It makes a mockery of the private Member’s Bill system that we are here again with no money resolution and no prospect of moving forward on the Bill. Last time we met, the Minister said that continuing with the boundary review changes had been in the Conservative party manifesto. That is true, but that manifesto did not win a majority at a general election, whereas this private Member’s Bill passed Second Reading in this House by 229 votes to 44. It is therefore clear that the will of the House is to progress with the Bill. By not presenting a money resolution, the Government are frankly making a mockery of the power we give our Back Benchers to pass legislation in this place.

I hope the Minister will take the message back to the rest of the Government that we want a money resolution, because we want to have the arguments out in Committee and on the Floor of the House and allow Members of Parliament—who, sitting in this Session, reflect the outcome of the general election—to make a decision. I hope she will take on board the comments of my hon. Friend the Member for Manchester, Gorton and me and find a way of getting a money resolution so that we can make progress with the Bill.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

I have nothing to add to what I said at the previous Committee sitting, nor to what the Leader of the House said last week.

Question put and agreed to.

Parliamentary Constituencies (Amendment) Bill (First sitting)

Cat Smith Excerpts

Committee Debate: 1st sitting: House of Commons
Wednesday 9th May 2018 Public Bill Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

I beg to move,

That, if proceedings on the Parliamentary Constituencies (Amendment) Bill are not completed at this day’s sitting, the Committee shall meet on Monday 14 May at 4.00 pm and on Wednesday 16 May at 9.30 am.

I am glad that the Committee is finally meeting this morning, but I am very disappointed to have wasted hon. Members’ time, as we cannot discuss a single issue of substance without a money resolution. It has already been five months since the Bill passed Second Reading, with 229 votes to 44. The House sent a strong message that it wants the Bill to be considered in Committee. The Government are defying the will of the House by refusing to bring a money resolution forward, which they have had ample time to do. This is an abuse of just the Executive power that the Bill is trying to keep in check.

At business questions on Thursday, Members from all three major parties raised the money resolution with the Leader of the House. As the hon. Member for Wellingborough said:

“Money resolutions should follow Second Readings as night follows day.”—[Official Report, 3 May 2018; Vol. 640, c. 467.]

The Leader of the House said she would bring forward a money resolution in due course, but who knows what that means in practice?

The Speaker weighed in clearly on the topic, saying that unease on the issue of a money resolution

“should have been heard, and must be heard, on the Treasury Bench.”

He also said that

“it would be appreciated if colleagues felt confident that there was a logic and reasonableness to the decision-making process.”—[Official Report, 3 May 2018; Vol. 640, c. 477.]

The Speaker was referring to the extraordinary fact that the Government brought a money resolution for the Prisons (Interference with Wireless Telegraphy) Bill on 1 May but did not bring one for this Bill. The prisons Bill came 13th in the private Member’s Bill ballot, as opposed to mine, which came third. The prisons Bill had its Second Reading on the same day as my Bill, and I believe its Committee is meeting down the corridor right now. It would have been entirely possible for both money resolutions to be introduced on the same day, in good time for us to consider my Bill fully today.

Finally, I stress that my Bill is time sensitive. The boundary commissions are due to submit their final recommendations in September 2018. A previous private Member’s Bill along the same lines was introduced in the last Parliament, but it ran out of time after the Government failed to bring forward a money resolution before the snap general election last year. If the Government continue to delay my Bill, there is a danger that the House will not have a chance to debate or pass it before the new boundary proposals are before the House.

I do not deny that my Bill is controversial, but it is also reasonable, and such an important constitutional question—how many Members of Parliament should represent the people of this country—should be fully considered by the House, not blocked by the Government using parliamentary procedure. I will press the Government to bring forward a money resolution ahead of our next meeting, and I hope other hon. Members here will join me.

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

I am grateful to my hon. Friend the Member for Manchester, Gorton for his remarks about his Bill. We all recognise that the review is much needed. It presents an opportunity for cross-party agreement on new boundaries.

I share my hon. Friend’s disappointment that a money resolution has not been forthcoming from the Government, because in December this House sent a strong message that we wanted the Bill to be considered in Committee. It passed its Second Reading by 229 votes to 44. I am sure that the Government would not want there to be a perception that not providing for a money resolution might be an attempt to sabotage a private Member’s Bill and, after all, the will of the House. They would not want it to be presented as an attempt to seek political advantage.

It is widely accepted that the boundary review in its current form would be a disaster for our democracy for various reasons, the most important of which would be the cutting of the number of MPs without a reduction in the number of Ministers. That would only increase the power of the Executive and make it more difficult for Back Benchers such as my hon. Friend to challenge the Government. However, as we have seen, there is no money resolution, and that sends a dangerous message. It concerns the respect that should be accorded to Back Benchers who have had success in the private Member’s Bill ballot, and their ability to bring forward measures for us to consider.

Constitutional changes should be dealt with fairly, and everyone should have a voice. Sadly, that is not happening this morning. I urge the Government to see to the matter of a money resolution at the earliest opportunity so that the Committee can get on with the vital work that we intend to do.

[David Linden (Glasgow East) (SNP)]

It is a pleasure to serve under your chairmanship, Ms Dorries.

The Scottish National party’s perspective on the Bill, in outline, is that we support it. We should like to amend it in one or two areas and, as the hon. Member for Manchester, Gorton has explained, it is impossible for us to do so until the Government provide a money resolution. The Government regularly talk about Parliament taking back control. The Brexiteers in the Government talk about it. An hon. Member has now secured, through the ballot, the ability to introduce the Bill; the House voted fairly unanimously for it to go into Committee; and the Government are leaving it in political purgatory by not dealing with the money resolution.

I want to make it clear that the SNP will not accept a 10% cut in the number of Scotland’s MPs. We want to amend the Bill, but as we know, we can do that only after a money resolution. I do not want to spend endless weeks in a Committee talking shop. Parliament has spoken and it is up to the Government to respect that. If they do not, I think they will find that the consequences will be quite severe.

The situation brings us back to the fundamental point that Westminster is a place of limited democracy, which is exactly what the Government’s behaviour shows. That state of affairs should end immediately. There should be a money resolution, and we should get on with the job.

Points of Order

Cat Smith Excerpts

Wednesday 2nd May 2018 Commons Chamber

[Mr Speaker]

In the two cases to which public reference has been made, there has been nonesuch. It is absolutely right, of course, that work should be taken forward under the auspices of the Leader of the House with a view to presenting policies for the approval of the House, including, very importantly, an independent grievance procedure. I am on record on that matter on a number of occasions, and I gave evidence to the cross-party inquiry. My support for thoroughgoing change is very well known and has been oft-repeated. I am happy to take the opportunity to repeat that support today.

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

On a point of order, Mr Speaker. I seek your guidance on how to secure the correction of a statement made by the Government. In September 2017, the Cabinet Office wrote that

“alleged electoral fraud through voter impersonation more than doubled between 2014 and 2016”.

That statement was later used to justify the Government’s voter identity trials, which are taking place at the local elections in some parts of the country tomorrow.

The UK Statistics Authority stated yesterday that the Government have misled the public to believe that voter fraud by impersonation has risen. Although the number of alleged cases of impersonation rose from 21 to 44 between 2014 and 2016, the total number of votes cast in those years rose from 29 million to 64 million, and the number of cases subsequently dropped off to 27 in 2017.

Mr Speaker, can you advise me on what I can do to ensure the Government correct their misleading statement?

[Mr Speaker]

I am grateful to the hon. Lady, whom I thank for giving me notice that she wished to raise the matter. She has raised it, and she has put her concern very forcefully on the record. That concern will have been heard on the Treasury Bench, and a Minister is welcome to respond if they wish to do so.

Voter ID Pilots

Cat Smith Excerpts

Monday 23rd April 2018 Commons Chamber

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

(Urgent Question): To ask the Minister for the Cabinet Office if she will make a statement on the Government’s policy on voter ID pilots taking place at the local government elections on 3 May.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

The British public deserve to have confidence in our democracy. There is clearly the potential for electoral fraud in our system and that undermines confidence and promotes perceptions of vulnerability. When fraud is committed in elections, it is not a victimless crime; people’s votes are stolen or someone is elected who should not have been elected.

Earlier this year, the Government announced that they would be conducting pilots for voter identification at the local elections in May this year in line with our manifesto commitment to legislate to ensure that a form of ID must be presented before voting. Voter ID is part of the Government’s commitment to improve the security and the resilience of the electoral system that underpins our democracy and will promote greater confidence in our democratic processes.

In making these changes, we will bring our electoral system in line with others such as that in Northern Ireland or Canada, which operate successful programmes, and recognise that there is an increasing expectation that someone’s vote should be protected and carefully guarded. We already ask that people prove who they are in order to claim benefits, to rent a car or even to collect a parcel from the Post Office, so this is a proportionate and reasonable approach. Democracy is precious and it is right to take that more robust approach to protect the integrity of the electoral process.

The independent Electoral Commission has, since 2014, pushed for the introduction of ID to strengthen the system, and it has welcomed the voter ID pilots as a positive first step towards implementing its own recommendation that an accessible, proportionate voter identification scheme should be introduced in Great Britain. In a recent report for Democratic Audit UK, academic Stuart Wilks-Heeg stated that, after the scheme was introduced in Northern Ireland, there was no evidence to suggest a fall in turnout, but that there was plenty of evidence that fraud declined sharply.

Indeed, it was the previous Labour Government who introduced photo ID at polling stations across Northern Ireland in 2003, and, as I have said, it has not affected turnout there, and it has helped to prevent election fraud. The Labour Minister at the time said:

“The measures will tackle electoral abuse effectively without disadvantaging honest voters”,

ensuring that

“no one is disfranchised”.—[Official Report, 10 July 2001; Vol. 371, c. 740.]

The opportunity to pilot voter ID in May 2018 was offered to all local authorities in Great Britain, and five—Woking, Gosport, Bromley, Watford and Swindon—have committed to do so. Proxy voters in Peterborough will also be required to show ID before they can vote on 3 May 2018. I personally have taken the opportunity to speak to each local authority about the design of their pilots and the methods that they have applied to ensure that their electors are aware of voter identification and that each elector’s needs are understood. Local authorities will notify every eligible voter by including information of the ID requirement on their poll card.

No one will need to buy ID documents to be able to vote, and the ID requirements will not be limited to a passport or driving licence. In these pilots, voters can use a wide variety of ID, from marriage certificates and passports to bus passes and bank cards, depending on where they live. If voters do not have the required ID, local authorities are providing alternative or replacement methods to ensure that no one is disenfranchised. Everybody eligible to vote will have the chance to do so.

These pilots will help to identify the best way of implementing voter ID, and we look forward to each authority’s findings. I have responded to the recent letter from the chair of the Equality and Human Rights Commission, and I will make a copy of it available in the Library of both Houses. All local authorities involved have completed equality impact assessments, and the Electoral Commission will be independently evaluating the pilots, with results published this summer.

We want to ensure that our elections are as accessible as possible, and that there are no barriers to democratic participation. We have recognised that, for example, people with a disability face different issues when registering and voting. We have run a call for evidence to hear directly about their experiences to enhance the Government’s understanding, so that we can help those people to register and cast their vote. We have also recently made it easier for survivors of domestic abuse to register to vote anonymously for fear of revealing their address to an ex-partner, as there were fears that that was preventing survivors from registering to vote.

The aim of the pilots is to protect voting rights, and it comes in the context of protecting and improving our democracy. Pilots are important in order to find out what works best. Electoral fraud is unacceptable on any level, and its impact on voters can be significant. It takes away an elector’s right to vote as they want—whether through intimidation, bribery or impersonating someone in order to cast their vote. The Cabinet Office, in partnership with the Electoral Commission and Crimestoppers, launched the “Your vote is yours alone” campaign only last month to encourage people to report electoral fraud if they see it.

I am passionate about protecting our electoral system. The impact of electoral fraud is real and it is criminal. It steals something precious from a person and undermines the entire system for everyone. I do not want to see our democracy dumbed down; it is rather a shame that the Labour party appears to.

[Mr Speaker]

I am most grateful to the Minister, who allocated herself twice the amount of time available. I generously indulged her in that, but some latitude must now also apply to the shadow Minister.

[Cat Smith]

Thank you for those comments, Mr Speaker, and for granting this urgent question.

The Minister talked widely about the system in Northern Ireland, but the Electoral Commission recommended that, as in Northern Ireland, these trials include measures such as free voter ID cards, which have not been rolled out by this Government. That means that the trials taking place in the English local government elections are very different from what is already occurring in Northern Ireland; it is a false comparison.

It was revealed yesterday that the Equality and Human Rights Commission wrote to the Cabinet Office raising serious concerns about the Government pilots. The commission warned that ID requirements will have a disproportionate impact on ethnic minority communities, older people, trans people—who may not have ID in the right gender or name—and people with disabilities, and that some voters will be disenfranchised as a result. Will the Minister confirm that the measures being piloted in May do not violate article 1 of the European convention on human rights? What assessment has she made to support this position?

The Windrush scandal has demonstrated that it is difficult for some communities to provide official papers. This could prevent legitimate voters from taking part in our democratic process, which we all value. It is the same hostile environment all over again, shutting our fellow citizens out of public life. Have the Government conducted an assessment of whether any of the Windrush generation will be denied their right to vote on 3 May?

According to the Equality and Human Rights Commission, the Government failed to carry out adequate equality impact assessments. This echoes the same concerns raised by a coalition of more than 40 leading charities and academics earlier this year that called on the Cabinet Office to abandon the pilots. How can the Government justify their positon given this widespread condemnation?

Let us be in no doubt that electoral fraud is a serious crime, and it is vital that the police have the resources they need to bring about prosecutions. However, the Equality and Human Rights Commission raised a valid concern that there was only one conviction for electoral fraud involving impersonation, following the 45 million votes cast last year. That is one vote out of the 45 million votes cast. What steps will the Government take to ensure that the pilot schemes are proportionate to the level of electoral fraud, and that they are not using a sledgehammer to crack a nut?

We cannot allow this Government to pilot discriminatory measures that could disenfranchise legitimate voters who already face a multitude of barriers to democratic engagement. I urge the Minister to abandon the Government’s plans for trialling voter ID on 3 May.

[Chloe Smith]

As I set out very fully—I am very grateful to you, Mr Speaker, for allowing me to make my remarks in full—I have answered the EHRC very carefully and laid that answer in the Libraries of both Houses so that people can read the full background to these pilots and the parliamentary process that they have gone through. I can confirm that it is my belief that this policy does not violate the first article of the ECHR and that these are not discriminatory measures.

The hon. Lady asked me about the Windrush affair. The relevance of that to this matter is that those from a Windrush background are already eligible to be on the electoral roll in the sense that British citizens and qualifying Commonwealth voters can vote in all elections. I am conscious that a statement on Windrush is to follow, so it would not be helpful if I detained the House by discussing that issue in the detail that it deserves.

The hon. Lady suggested that these pilots are not proportionate. I am concerned if Labour Members think that any level of crime is not worth going after. Is that what we are hearing from them? There is considerable concern about a lack of confidence in our democratic system that is increased when we see a perception of electoral fraud. This policy is designed to increase confidence in our system and to make it harder for someone to commit such a crime against another person. Electoral fraud is not some kind of victimless crime; it hurts a person—a victim—who has had their voice taken away.

I wonder whether Labour Members have instead come here with a different purpose in mind. Do they perhaps think that they are going to lose votes through this policy? I have here a letter written to a local newspaper—it happens to be the Norwich Evening News, a very fine organ—from a Labour party councillor who is concerned that this policy is going to affect

“those most likely to vote Labour.”

Is not that the real story that we see in Labour Members’ concern? Are these not crocodile tears because they are concerned that they are going to lose votes that they perceive they own? I think that is a disgrace.

Infected Blood Inquiry

Cat Smith Excerpts

Thursday 29th March 2018 Commons Chamber

[Chloe Smith]

Technically, it is for the inquiry chair to give that assurance, but Ministers, officials and the machinery of Government will be fully co-operating with the inquiry and will give evidence if asked. All the relevant papers will be submitted, and the inquiry can also request evidence under oath.

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

I thank my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) for continuing to champion this important issue. I echo the concerns that she and other colleagues have raised.

The victims of this appalling tragedy have been waiting decades for answers and for justice. Sadly, they continue to wait for the justice they so desperately deserve. I note the Minister’s personal commitment to the victims of the scandal, and I welcome the movement that she has made today towards correcting a perceived wrong that we heard about in the House yesterday. I am sure that the Minister appreciates that it was deeply concerning for many of the victims to be informed by the Cabinet Office that they had been denied legal aid funding for advice during the crucial consultation period on the terms of reference, but we welcome the movement today.

The letter from the Cabinet Office caused understandable upset among contaminated blood victims and their families, particularly the comments relating to Grenfell. While the contaminated blood scandal and the Grenfell fire are obviously different, there are two key similarities—both have had a devastating impact on the lives of those involved, and both should not have happened. The contaminated blood tragedy has killed over 2,400 people, and 70 people have died since the inquiry was announced last year. I hope that the Minister appreciates why the letter of 23 March has caused offence; will she apologise for it on behalf of the Government? The active participation of Grenfell victims led to the terms of reference in that inquiry being wider than those initially suggested by the chair. It is therefore welcome news that victims of the contaminated blood scandal will now be afforded the same opportunity to influence the terms of reference for this inquiry.

[Chloe Smith]

I thank the Opposition Front-Bench team for their support for what I have been able to announce today. I share the keenness of the hon. Lady and all colleagues to see the inquiry done and done well. I have reflected on the letter that was sent by my officials, and I am sorry for any concern that has been caused by it. By way of explanation, I return to the fact that Cabinet Office officials were expressing the normal position under the Inquiries Act, which is that, as I explained to the hon. Member for Kingston upon Hull North (Diana Johnson), Ministers may decide to provide funding for the preliminary stage of any inquiry on an exceptional basis. I have already explained that we certainly see this tragedy as exceptional and Ministers have therefore made the decision that I have conveyed to the House today. I hope that it is clear that the normal position under the Inquiries Act is that there would not be such funding, but we have decided that there ought to be.

Oral Answers to Questions

Cat Smith Excerpts

Wednesday 28th March 2018 Commons Chamber

[Chloe Smith]

We entrust electoral registration officers to do that task, and we think it is very important that they do so. Electoral registration officers have the ability to make nationality checks where they believe it is appropriate. Indeed, this House also recently agreed to changes to the registration forms to emphasise to would-be voters that such checks will be made, and we think that is important.

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

Over 40 leading charities and academics have written to the Minister expressing their concern that these voter ID pilot areas have failed to carry out equality impact assessments adequately. Most participating authorities have identified negative impacts on various groups, such as people with disabilities, Asian and black communities and Travellers, but astonishingly Bromley Borough Council claims the pilot will have no impact on any of those groups. Why is the Minister allowing these pilots to proceed on the basis of such clearly inadequate equality impact assessments?

[Chloe Smith]

These pilots are, in fact, very important. They allow us, as a country, to begin to be sure that the people voting in any given election are eligible to do so. I continue to be disappointed that the Labour party seems to think that that is not necessary. Each local authority involved in these pilots has clear plans, first, to be able to communicate with voters to instruct them on what to do on the day and, secondly, to help anybody who might find themselves unable to produce the required ID. Nobody will be left behind in these pilots.

Overseas Electors Bill

Cat Smith Excerpts

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

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

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

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

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

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

[Jo Stevens]

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

--- Later in debate ---

[Cat Smith]

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

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

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

[Mark Tami]

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

[Cat Smith]

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

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

[Thelma Walker (Colne Valley) (Lab)]

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

[Cat Smith]

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

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

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

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

[Mark Tami]

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

[Madam Deputy Speaker (Mrs Eleanor Laing)]

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

[Cat Smith]

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

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

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

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

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

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

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

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

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

In the light of those concerns—

[Paul Flynn]

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

[Madam Deputy Speaker (Mrs Eleanor Laing)]

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

[Cat Smith]

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

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

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

However, many questions remain unanswered.

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

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

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

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

[Mark Tami]

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

[Cat Smith]

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

[Sir Geoffrey Clifton-Brown]

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

Question put.

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

Question accordingly agreed to.

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

Question agreed to.

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

Oral Answers to Questions

Cat Smith Excerpts

Wednesday 21st February 2018 Commons Chamber

[Chloe Smith]

My hon. Friend reminds us that in the 2017 Conservative manifesto, there was the commitment to maintain first past the post as the way that we vote in this country and to roll it out to additional elections. I look forward to speaking further to him about that.

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

It is clear that disabled people are under-represented in our democracy and our politics, but in 2015, the Minister’s Government abolished the access to elected office fund, which supported many disabled people in meeting the extra costs in standing for office. How can the Government claim to be making democracy more accessible when these financial barriers are put in their place?