Voter ID Pilot Schemes

Debate between Chris Green and Laura Smith

Wednesday 6th June 2018 Westminster Hall

[Laura Smith (Crewe and Nantwich) (Lab)]

I congratulate my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on securing the debate. I very much echo the concerns she raised.

It is deeply concerning that voters, some of whom have voted their entire lives, were denied a voice in last month’s local elections as a direct result of discriminatory policies introduced by this Government. The Government present voter identification as a solution to tackle the specific issue of voter impersonation in polling stations. Electoral fraud is a serious crime and every allegation must be investigated fully. Indeed, isolated incidents of electoral fraud have taken place and it is vital that the police have the resources they need to prosecute.

However, the proposals outlined by the Government are clearly disproportionate. In 2017 there were 28 allegations of impersonation out of nearly 45 million votes cast—one case for every 1.6 million votes cast. Of those 28 allegations, one case resulted in a conviction. None of the five English boroughs that took part in the pilots has experienced a single instance of impersonation in the past decade. The scale of electoral fraud in this country has caused many, including Dr Stuart Wilks-Heeg, head of politics at the University of Liverpool, to describe voter ID as

“a solution in search of a problem”.

Does the Minister agree with that assessment?

The Government clearly recognise the flaws in their argument. When pushed, they claim that voter identification is designed to tackle the perception of electoral fraud. However, new research published today by the Electoral Reform Society shows that mandatory ID in polling stations is one of voters’ lowest concerns—just 4% of voters believe ID is the most important priority for our democracy. The top issues for voters were: ensuring that elections are free from the influence of large financial donations, an accurate voting register and balanced media coverage. That shows just how out of touch the Tories really are. To quote Professor Toby James from the University of East Anglia:

“Concerns more often arise from accusations of fraud made by politicians in the media, rather than concrete cases.”

A concern shared by Opposition Members is that restrictive voter ID requirements could disenfranchise voters. Approximately 3.5 million electors do not have any photo ID, and 1.7 million lack even a bank account. That makes mandatory voter ID with no free provision a barrier to many people exercising their right to vote. There is also a significant financial barrier to obtaining ID. Only recently the Government pushed through unpopular proposals to increase the cost of adult passports from £72.50 to a whopping £85. In this context, it is deeply concerning to read a comment posted by Islington Conservatives on Twitter the day after the local election that, “Voting is not compulsory so ID doesn’t need to be free”. Will the Minister condemn the statement made by her colleagues in Islington?

Article 3 of protocol 1 of the European convention on human rights, which was incorporated into UK law by the Human Rights Act 1998, protects our right to free elections, including the right to vote. Under the law, voting is a right, not a privilege, and voting rights are closely linked to the rights to freedom of expression and to freedom of assembly. It is therefore extremely misleading for the Government to argue that voting is like picking up a parcel from the post office, where some ID is required.

The European convention on human rights outlines that the right to vote is not absolute—conditions can be imposed, which is why it is lawful to have residency or minimum age requirements. However, these conditions must pursue a legitimate aim, be proportionate and not prevent free expression in choosing the legislature. As I said, the measures piloted last month are clearly disproportionate to the amount of voter impersonation in England, and therefore do not fulfil the legal requirement.

[Chris Green]

Will the hon. Lady give way?

[Laura Smith]

I have no time.

I would also be interested to hear the Minister’s response to today’s intervention by Blackstone Chambers. According to Anthony Peto QC, the joint head of Blackstone, and fellow barrister Natasha Simonsen, schemes

“that restrict or discourage voting, or that inhibit voters,”

are beyond the scope of the Representation of the People Act 2000. Those leading barristers concluded that the pilots were illegal because they were incorrectly imposed by ministerial diktat rather than through Parliament. The Conservative party appears to have completely disregarded the rule of law. Does the Minister agree that, following that intervention, it is impossible for her Government to justify their undemocratic and unlawful plans?

The Windrush scandal demonstrated that it can be difficult for some communities to provide official documentation. This is the same hostile environment all over again, and it is shutting our fellow citizens out of public life. The Government were also warned by the Equality and Human Rights Commission and more than 40 leading charities and academics in two separate interventions that voter ID requirements have a disproportionate impact on ethnic minority communities, older people, trans people and people with disabilities.

I have to start winding up, because I am running out of time.