Overseas Electors Bill (Fourth sitting)

Chloe Smith Excerpts

Wednesday 14th November 2018 Public Bill Committees

[Glyn Davies (Montgomeryshire) (Con)]

Thank you, Mr Robertson. I shall miss our weekly meetings when they come to an end. I have little to say about the proposed new clause. The Bill is quite clearly defined and I do not believe that the new clause is necessary. We do not want to put in complications that make it more difficult for the electoral community and electoral registration officers. I hope, in the spirit of having a Bill that will help overseas electors to be able to vote, that the Opposition withdraw the new clause.

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

Thank you for the chance, once again, to serve under your chairmanship, Mr Robertson. I will be brief. Can we believe that it was Halloween when we last gathered? Let us hope this is a more auspicious afternoon.

I will just repeat some themes that I raised in response to a previous group, particularly amendment 37, namely that the Government do recognise the time constraints on administrators when dealing with those last-minute applications to register to vote. That is true domestically, but it is true for overseas voters in particular. As I have said, we have already amended the timetable for parliamentary elections to maximise the time available. I certainly agree that overseas voters should be encouraged to register as early as possible, and I certainly hope that bringing in online renewals, which the Bill does, will assist in that.

Perhaps the message will go out from this Bill Committee and voters will in due course take inspiration and get ready to register to vote. Crucially, major organisations such as the Electoral Commission will, as part of their duties, ensure that people know what they have to do to register. Such organisations run those campaigns before elections to ensure that people are aware of when and how to register to vote.

I endorse the position of my hon. Friend the Member for Montgomeryshire. I do not think the proposed new clause is necessary. It raises important themes, but I think they can be considered in other ways.

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[Glyn Davies]

I understand what has led the hon. Member for City of Chester to table the proposed new clause. I have a considerable understanding of why the Opposition have tabled many of their amendments throughout our consideration of the Bill. I have resisted a lot of those amendments because they have sought to extend the Bill into areas that I did not want it extended to. The purpose of the Bill is to extend the franchise, and I want to stick to that. That is my position on this new clause as well. I hope that the hon. Gentleman will not press it to a vote, because we need to stick to the purpose of the Bill.

[Chloe Smith]

I have two arguments on the treatment of new clause 7. First, I have a preliminary argument, if Members will bear with me. My comments in response to previous amendments that would have required reports on various matters and delayed the legislation until their publication stand true for new clause 7. Like my hon. Friend the Member for Montgomeryshire, whose arguments I endorse, I am sceptical about whether the proposed new clause would add value to the Bill.

I have two additional comments about the substance of the new clause. First, it asks for an assessment of the demands placed on MPs and of their performance in representing their constituents. That is not a matter for the Government in respect of constituents at home or overseas, and I do not accept that it should be. It is not for the Government to monitor or report on MPs’ performance of their duties. This is a clear case of the difference between the Executive and the legislature, and it is important that that difference stands. The code of conduct for Members of Parliament describes their responsibilities as Members of the House, and I think that is how this is best done. The application of the code is a matter for the House of Commons, and particularly for the Committee on Standards and the Parliamentary Commissioner for Standards.

[Bob Stewart (Beckenham) (Con)]

I am slightly concerned, but I hope that the Minister will be able to answer my question. In a general election, our electoral communications are sent out by the Post Office. Am I right to assume that they will be sent to all overseas voters? Will the Post Office and the Government pay for every single overseas voter on the electoral roll to receive an electoral communication from all parties campaigning in the general election?

[Chloe Smith]

My hon. Friend will have to forgive me, because I do not have any detail to hand about how the Bill will change that situation. However, I would be happy to come back to him and to my hon. Friend the Member for Montgomeryshire on that point, which is important and well made, although it may not necessarily relate to new clause 7—I suspect it is more general.

Certainly, whether as candidates at an election or as Members of Parliament, with the privilege of being elected, we would all wish to perform that role to the best of our abilities, and to communicate with our constituents whether at home or abroad. My point, in the context of new clause 7, is that that is not a matter for the Government.

The hon. Member for City of Chester said that we should look at how constituencies may be swollen—I think that was his choice of word—by the number of overseas electors. I think he asked that the question of whether more resources may be needed to deal with that be directed to IPSA. I would point out that the Boundary Commission, using the concept of a quota, already serves that function by conducting regular reviews. I do not think that an additional function is needed. The fundamental concept of a quota will not be changed as a result of any of the current debates in the House about boundaries.

I hope that those two points are helpful to the Committee and that the hon. Gentleman accordingly feels able to withdraw his new clause.

[Christian Matheson]

I thank the Member in charge and the Minister for their responses, in view of which I do not intend to divide the Committee. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 13

Offence of registering to vote as overseas elector in more than one constituency

“(1) A person commits an offence if he or she is an overseas elector and is simultaneously registered to vote in more than one constituency.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”—(Alex Norris.)

Brought up, and read the First time.

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[Glyn Davies]

That might lead some people to have a pretty negative view of Chester, but I do not share that view. I like Chester, have been there quite often and always feel very safe.

I do not think that the proposed new clauses are necessary. The issues are already covered and I hope that the hon. Member for Nottingham North will withdraw the motion.

[Chloe Smith]

I am almost inclined to break up this Chester love-in and invite people to Norwich, an equally fine medieval city—some would say finer, but we will have to take that up in another Committee at another time.

The hon. Member for City of Chester is correct: the Government are 100% committed to maintaining the integrity of the register and guarding against electoral fraud. There are, however, already provisions in place to address the circumstances that new clause 13 seeks to address. I will briefly go through those for the Committee’s information.

Under the new system, all overseas applicants will be required to prove their identity and establish a verifiable connection to an address in the UK before they can be added to the register. That address must be the last one at which they were registered or resident. The Bill does not allow for cherry-picking, so that concern is unwarranted.

As I said in response to amendments tabled by the hon. Member for Nottingham North for an earlier sitting, the Bill sets out that the declaration made by the applicant must contain any of the prescribed information and satisfy any other prescribed requirement, which may include other information to be requested or a requirement for it to be attested. The Bill already contains tools to address some of the issues in new clause 13.

I turn to what electoral law already does before the Bill’s provisions come into force. As the hon. Gentleman has said, it is an offence to vote at more than one location in the same election—in this case, a general election. Conviction for such a practice carries a financial penalty, which is an unlimited fine in England and Wales, and up to £5,000 in Scotland.

The law already provides that a British citizen may register to vote as an overseas voter only in relation to one constituency. That will remain the position under the Bill’s provisions. If they were registered to vote in more than one constituency at the same time, it could be because false information was provided to an electoral registration officer. It is, therefore, already an offence under section 12 of the Representation of the People Act 1985 to provide false information to an ERO in relation to an overseas elector’s declaration. A person found guilty may face a fine, which is an unlimited fine in England and Wales, and up to £5,000 in Scotland.

Furthermore, it is an offence under section 13D of the Representation of the People Act 1983 to provide false information to an electoral registration officer for any purpose connected with the registration of electors. A person found guilty of that offence may face a custodial sentence of up to 51 weeks in prison, or a fine, or both. There is a separate offence of providing false information when making a postal vote application, under section 62A(2)(b) of the 1983 Act, and that is clearly stated on the postal vote application form. A range of offences are already covered in law, so proposed new clause 13 is unnecessary.

The changes proposed by new clause 14 are also unnecessary. It is already possible to obtain information about overseas electors. At present, each ERO maintains the register for their local area. Those officers will mark on that register those electors who are registered to vote as an overseas elector, and they will also produce a list of overseas electors for their area. Parties and candidates are entitled to be supplied with copies of the register and lists of overseas electors. EROs also produce electorate figures for the Office of National Statistics, which will then show separate figures for the number of overseas electors registered.

If I have read it correctly, proposed new clause 14 also argues for a single register of overseas electors. I hear the slightly broader argument made by the hon. Member for Nottingham North about whether there should be a single register of everyone in this country. The constituency link remains our guide in this case, as it does in all aspects of registration. The constituency link is very important to the way in which our electoral system has developed over decades, and it is also important in this regard. A single register for overseas electors would result in them being treated differently from domestic voters. The proposal is unnecessary.

I hope that those are helpful points of fact and argument. On that basis, I hope that the hon. Member for City of Chester, who is clearly beloved, will reconsider the matter, and that the hon. Member for Nottingham North will withdraw the motion.

[Bob Stewart]

No love-in this time, but I am worried about two things connected to the proposed new clauses. The first is how difficult it would be for an electoral registration officer to ascertain someone’s home 50 years ago. That would be extremely difficult. I know there will be records, but as time goes by people’s memories will obviously recede and blocks of flats and houses will be knocked down. I just think it is quite difficult that that is the sole criterion for having a vote.

By the way, I am totally supportive of the Government—please do not think I am against them—and I think Her Majesty’s Opposition will support them, too, so if there are any problems from you, see me later—[Interruption.] I am sorry: if there are problems from the hon. Member for Nottingham North, he can see me afterwards in the corridor.

Secondly, I am slightly queasy at the idea of someone leaving this country at a relatively young age, going abroad and staying there for 50 years, to the relatively old age of 70, which is around my age—or older; perhaps another 20 years—and, despite not having contributed or paid tax to this country, still having the right to decide how we govern ourselves. I know it is the only way—we cannot suddenly make it an arbitrary 15 or 30 years—but I nevertheless remain slightly queasy because I would like all who vote in our general elections to have a stake in the country, and that normally means by being present at some stage.