Overseas Voters Bill

Christopher Chope Excerpts

Friday 26th February 2016 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

I beg to move, That the Bill be now read a Second time.

It gives me great pleasure to move the Second Reading of the Overseas Voters Bill. The Bill was brought forward in the last Session of the last Parliament, in the run-up to the general election. At that stage, I had a very helpful response from the hon. Member for East Surrey (Mr Gyimah) who was then Parliamentary Secretary at the Cabinet Office, who said that the Bill’s key element would be incorporated in the Conservative party manifesto and implemented after the general election. As a result, we had in our manifesto a commitment to take action on this issue.

I brought the Bill forward because too many British citizens living abroad are not entitled to vote in general elections in this country. Although the Electoral Commission made a big effort towards the end of the last Parliament, in the run-up to the general election, to register overseas electors, an answer given to me on 5 February by my hon. Friend the Minister—he is on the Front Bench today—showed that only 105,845 overseas electors were registered to vote in May 2015. He said it was not possible to say how many of those who were registered actually voted. I know that a number did not vote because they did not receive their ballot papers in time; indeed, I have had complaints about that from erstwhile constituents who now live abroad.

[Mr Philip Hollobone (Kettering) (Con)]

I congratulate my hon. Friend on bringing this Bill to the House’s attention. I am listening to his very good speech with huge interest. He said that 105,000 overseas electors are registered. What is the total number who could be registered were they all identified, as his Bill suggests they should be?

[Mr Chope]

As with a lot of these things, there is no precise answer to my hon. Friend’s very good question, but the estimate is probably that 5 million and upwards would be eligible, and I see my hon. Friend the Minister nodding.

[The Parliamentary Secretary, Cabinet Office (John Penrose)]

Just to clarify, the figures are a little unclear, as my hon. Friend says. It looks as though about 2 million may be eligible to vote at the moment, and another 3 million or 4 million on top of that might be enfranchised were we to get rid of the 15-year rule in due course. However, as I suggested, all figures should be treated with a degree of caution, because this is so uncertain.

[Mr Chope]

I am grateful to my hon. Friend for that intervention. What he is saying is that, of the 2 million who are eligible at the moment, we registered only 100,000, and many fewer than that actually voted. There is potentially a pool of a lot more who could be registered if the Bill went through and we were able to allow all British citizens living overseas to participate in our democracy.

That, of course, is what happens in a lot of other countries. Some of those countries organise—indeed, facilitate—voting by their overseas citizens at embassies, consulates and other such places. In the recent Turkish elections, the President of Turkey, in a neutral capacity, spent a lot of time visiting other countries in Europe—mainly countries with a significant number of Turkish expatriates—to speak directly to them to encourage them to participate in the election.

So what would be the benefit of this? Apart from the benefit to democracy, it would assist in campaigns such as one that I very strongly support, which is the campaign for an end to the discrimination against British pensioners living overseas. It would mean that those who are campaigning to ensure that there is equal treatment between British pensioners living overseas and those living in the United Kingdom would have more clout. At the moment, there are a handful of these people in each constituency able to vote, and they cannot really make a difference in the general election, but if more of them were eligible to vote, and did vote, they would be able to lobby much more effectively and we might find that the Government were more responsive to their concerns than they seem to be at the moment.

[Mr Hollobone]

The campaigns that my hon. Friend is mounting for electoral justice and pensioner justice are legendary. I am glad that he managed to persuade the Government to include in the manifesto a commitment on electoral justice. With regard to British pensioners living overseas, presumably Her Majesty’s Government know who these people are and where they live, and they are in receipt of at least some element of their pension. Therefore, given the terms of this Bill, it should not be too difficult for the Electoral Commission to put them on the list and get them registered.

[Mr Chope]

My hon. Friend makes a really good point; as he says, it should not be too difficult. In the run-up to the previous election, I encouraged the Foreign Office to try to get people registered. I also tried to get information out of the Department for Work and Pensions about enabling it to communicate directly with pensioners. The 15-year rule makes it more difficult to run these registration campaigns, because the DWP does not know whether an overseas pensioner has been living overseas for more than 15 years, and removing the rule would make it much easier for it to campaign effectively. When I was at a meeting discussing these issues with a member of our embassy staff in Berlin, he told me of the efforts being made to try to get expats living there to participate in voting, and I am sure that such efforts were made. However, as is apparent from the figures, there is an enormously long way to go. When my hon. Friend the Minister responds, I am sure he will say that this Bill is premature, as most of my Bills are, but I hope he will also say what the Government are going to do about implementing their manifesto commitment.

It is currently a cause of a great deal of frustration for British overseas residents that they are going to find it very difficult to participate in the European referendum. Some cynics have said that it would be better if we did not allow large numbers from overseas to participate in that referendum, but I think it would be desirable for the maximum number of British citizens to be able to do so. After all, we are going to allow Commonwealth citizens and Irish citizens living in this country to participate, so why were the Government unable to bring forward the Bill to facilitate the extension of the 15-year rule sooner in this Session so that it could have had a part to play in the referendum eligibility campaign?

[Mr Hollobone]

Surely the whole point about electoral registration is that we register people who we believe have the right to cast their ballot. We never register people on the basis of which way we think they might vote in a particular election or referendum.

[Mr Chope]

My hon. Friend is absolutely right. Too often, we allow cynics outside to misrepresent our policy positions. I think that all democrats would say that the maximum number of British citizens should be entitled to vote and encouraged to participate in our democracy, and that, in essence, is what this Bill is about.

Clause 3 deals with internet voting. This is a controversial subject, but I think that if we are ever to go down the road of internet voting, the starting point should be people living overseas.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

My hon. Friend and I have been very close friends for some while, but I am concerned that internet voting could be open to fraud. How would he seek to deal with that issue?

[Mr Chope]

Fraud is rife in most electronic transactions, but despite that, a very large number of people are prepared to trust their banking arrangements to being dealt with online. Her Majesty’s Revenue and Customs is now going to make it more or less compulsory for small businesses to do their tax returns online on a quarterly basis. My hon. Friend makes a perfect reasonable point: there is always scope for fraud. That is why I would not suggest massive internet voting on a universal basis from the outset, but it would be sensible to start off with a reasonable experiment. For example, we could perhaps start with members of our armed forces who are serving overseas. We might be able to develop a secure system for dealing with them.

[Mark Tami (Alyn and Deeside) (Lab)]

Does the hon. Gentleman not think it odd that he wants to make it a lot easier for people living abroad to vote, but this Government want to make it a lot more difficult, through individual registration, for people to register to vote in this country?

[Mr Chope]

I do not accept the hon. Gentleman’s premise. The Government are keen to ensure that we have individual voter registration so that there is less identity fraud at polling stations and through postal votes. I supported that when I was a member of the Political and Constitutional Reform Committee in the previous Parliament.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We are not debating UK domestic issues. I know the hon. Gentleman would not want to drift away from his point.

[Mr Chope]

Thank you, Mr Deputy Speaker.

[David Morris (Morecambe and Lunesdale) (Con)]

I thank my hon. Friend for securing this debate. I am intrigued by his proposition on internet voting. As a fellow member of the Political and Constitutional Reform Committee in the previous Parliament, I can bear testament to his prowess and knowledge. He rightly mentioned utilising the armed forces in an experiment on overseas voting. Perhaps Skyping could be used as a method, because face recognition on computers is now very sophisticated; indeed, we use it in airports across this country and in Europe. Does he agree that this could be a way ahead for internet voting by armed forces in overseas territories?

[Mr Chope]

I have to admit to not being an expert in this area at all. If my children were here, they would say to me, “When did you last Skype?”, and the answer would be, “Never.” I know that there is such a thing as Skyping, that other members of my family participate in it, and that it is a very inexpensive way of communicating with friends and family overseas. I imagine that it would fall within the term “internet voting”. However, I do not have the expertise to be able to answer my hon. Friend’s question about whether it would be possible to secure a system of Skyping that would be proof against fraud or misrepresentations. I leave that to the Minister and his officials.

In clause 3 I do not try to set out a prescriptive arrangement for internet voting. That is because this is a really good example of where regulations should be brought forward by the Government using their expertise rather than relying on albeit gifted amateurs to do the job for them. The clause says that the Government “shall bring forward regulations”, and, in subsection (2), that they

“shall include provisions to prevent identity fraud and to ensure that only those eligible to vote can vote.”

[Mr Hollobone]

I anticipate that clause 3 might cause most difficulty when the Bill goes into Committee. Is it not the case that it has never been easier to register an individual to vote and that increasingly that is being done over the internet? That will be of great encouragement to overseas voters, because they should be easily able to register themselves in this country.

[Mr Chope]

My hon. Friend makes a very good point. Clause 3 addresses internet voting rather than internet registration, which is an important distinction. It is already possible to register on the internet, which, as my hon. Friend says, is a popular form of registration. A lot of young people used the internet to get themselves on the electoral register in the run-up to the last general election.

This is a short and relatively simple and straightforward Bill, and I commend it to the House.

--- Later in debate ---

[Ian Lavery]

As ever, I accept your advice, Mr Deputy Speaker. I wish I did have the figures for those living abroad, but, as has been said, it is very difficult to ascertain them. The only figures we have are those for individual voters in the UK, but I fully accept and understand what you have said.

Elections in May will include those to the devolved institutions in Belfast, Cardiff and Edinburgh, the London mayoral election, and the police and crime commissioner elections in England and Wales. Then—just in case somebody has missed this—at the end of June we will have a rather serious referendum to decide whether this country will continue to be a member of the European Union. The Electoral Commission will play an important role overseeing all those elections. Personally, I do not think it would be wise for this House to say that, in addition, the commission should make the registration of overseas voters a priority. I hope and expect that the commission will continue its grand efforts of previous years in encouraging British people living overseas to register to vote, which is so important, but if there is to be a priority, surely it must be to ensure that all prospective voters who live in the UK are on the list.

The figures I have cited are alarming, but I will not mention them again, for fear of being pulled up by you, Mr Deputy Speaker. It is important, however, to recognise the changes taking place in our democracy. We have to understand that the voting process is a central plank of our democratic process, both at home and abroad.

Clause 2 proposes abolishing the current 15-year limit on an overseas voter’s ability to participate in UK elections. We have no objection to reviewing the time limits on eligibility. There is nothing sacred about the 15-year limit. It has not always been 15 years: it has been 20 years and five years in the past, but now it has settled at 15 years. As the hon. Gentleman has said, there are different rules in different countries. However, if we are to consider changing the limit, or even removing it completely, as has been argued, I do not believe that that should be done in isolation. It should happen as part of a wider review of how we can increase participation in elections in general.

The Conservative party made a manifesto commitment to abolishing the 15-year rule, and we are still waiting for the votes for life Bill to be introduced. Although we have no objection to that in principle, if we want to extend the franchise the Government should look again at giving the right to vote to 16 and 17-year-olds in this country. We should learn the lesson of what happened in Scotland, which enthused people and brought them into the parliamentary process. They felt that they were valued. We should take a leaf out of the Scottish book.

Clause 3 would give overseas voters a chance to vote online. We need to do more to make sure that our electoral process better reflects the busy lives that people lead. That could and should include trialling electronic and online voting. However, I am not wholly convinced by the hon. Gentleman’s arguments about why overseas voters should be the first to try out such a system.

We are unable to support the Bill, for the reasons I have given. I am sceptical of some of the clauses and the priority given to overseas voters, because of all our other concerns about electoral matters.

[Mr Chope]

I understand that this is the hon. Gentleman’s maiden Front-Bench speech on a Friday; he is making a very good fist of it, if I may say so. He says that he does not believe the Bill to be a priority, but does he not think there is something really wrong with our democracy if some 6 million British citizens are not able to participate in it? Surely that should be a top priority.

[Ian Lavery]

I fully understand that, but I would not categorise it as a priority. Some 7.5 million people in the UK are not registered, and since the introduction of IER a further 1.4 million people have dropped off the register. The Opposition fully agree that we need to look at encouraging participation in voting, but we do not see overseas voting as a major priority. It should be part of a concerted effort to get as many people as we can to vote. I am not sure that the hon. Gentleman and I are too far apart on that, other than on the question of what should be a priority.

--- Later in debate ---

[Mr Chope]

I am grateful to my hon. Friend the Minister for his response, and I am delighted to hear that, even as we speak, parliamentary counsel are struggling with the detail of what I hope will be not just a Government Bill, but Government regulations to go with it, so that there is not a long gap between the Bill and the regulations. It is often much better if the draft regulations can be produced at the same time as the Bill. If that is the reason for the delay, I will be prepared to accept that, because it is much easier for the House to consider a Bill when it has the regulations—the detailed implementation scheme—before it. I can understand that it has not been possible to do that. I was disappointed with the expression “in due course”, but I can assure him that, if we have not made progress by the time of the next Queen’s Speech—whenever that might be—I shall seek to resurrect the Bill in the next Session and to keep the pressure on the Government.

I am grateful to my hon. Friend the Member for Kettering (Mr Hollobone) for his generous remarks, but I am not sure I agree with his views about extending clause 1 to local government elections. That would involve a complex interaction, because, at the moment, EU citizens resident here can participate in local elections—the trigger is their residence here. If we said that non-British people not resident could participate in local government elections, that would be a significant extension and might have serious implications. Before we knew it—although this will, I hope, be sorted out on 23 June—we might find the EU suggesting that its citizens should be able to participate in our general elections, which would be completely wrong.

With those remarks, I beg to ask leave to withdraw the motion.

Motion and Bill, by leave, withdrawn.

Off-shore Wind Farm Subsidies (Restriction) Bill

Order for Second Reading read.

Bill to be read a Second time on Friday 4 March.