Representation of the People Bill

David Simmonds Excerpts

2nd reading
Monday 2nd March 2026 Commons Chamber

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

This has been a wide-ranging debate, some of which has focused on the generalities of our electoral system. Some Members may have forgotten that we had a referendum on the alternative voting system not so long ago, and the British people delivered a very clear verdict in favour of the existing system.

Let me be clear: the official Opposition will seek to work constructively with the Government, because although we recognise that the Bill contains significant deficiencies and areas of contention, we all acknowledge that our democracy is under a degree of pressure. A number of Members from across the House gave clear examples of foreign interference, for example. Our security services have presented clear evidence of its impact on political discourse in our country. On a day like today, when the Prime Minister has made a statement about events in Iran, and we acknowledge the history and the evidence of Iran’s interference in our democracy, it is particularly important that we are united in seeking to ensure the integrity of our electoral system.

Let me set out briefly the shortcomings that we will seek to address by working closely with the Government in Committee. We will do so following a period that has, to a degree, undermined voter confidence that the Government have their backs when it comes to ensuring that local authority elections go ahead. For example, I spent part of my evening in Westminster Hall, opposite the Minister for Local Government and Homelessness, the hon. Member for Birkenhead (Alison McGovern), dealing with a debate about the cancellation of elections.

The first key point relates to the Government’s inconsistent position on the age of majority. Members from across the House offered evidence on why the ages of 16 or 18 were appropriate, but the Government recently voted within their own internal party processes to determine that an officer of a Labour local association must be at least 18—a measure supported and championed by the right hon. Member for Ashton-under-Lyne (Angela Rayner). We acknowledge in that small way, and in much larger ones mentioned by Members, that there must be a degree of consistency about the process, so that—[Interruption.] Members talk about being a taxpayer. People pay taxes in this country from birth, if they have sufficient income to pay it. It is not something that happens only when they turn 16 and gain their national insurance number. We take all kinds of different decisions as we reach different ages of maturity. This Government—and indeed previous ones—have tended to err on the side of caution, given the risks that we have identified. We must ensure consistency, so that the age of majority means something in our country.

A number of Members from across the House mentioned dark money and its influence on elections. I very much acknowledge those points, particularly in relation to cryptocurrency. Those who know about electoral history will recall the famous KGB gold that funded the Communist Party of Great Britain during the cold war. We know that there needs to be an acknowledgment that the world has changed. As well as potential economic benefits, crypto offers an opportunity for undue, inappropriate and potentially unlawful influence on our democracy. The Bill currently says nothing about that risk, but we must have appropriate and robust defences in place against it.

Let me touch a little more on the issue of foreign interference more generally. A number of Members referred to the situation with Iran. We remain concerned that the Government have still not added China to the foreign influence registration scheme—FIRS—despite the fact that the Electoral Commission’s recent report described how China-linked organisations had hacked the UK electoral roll, which could have enabled them to influence our electoral processes on a large scale. We hope that amendments tabled in Committee—either by the Government or by the Opposition—will address that concern.

We remain concerned about failings in the Bill arising from a lack of consultation. When Governments have sought to change electoral law or to introduce new guidance, there has been a high level of engagement among political parties, parliamentary authorities and other stakeholders whose direct experience and international research can feed into processes that make the integrity of our electoral system greater. Clearly, this legislation has landed without that level of due consultation. In particular, the Government appear not to have consulted the Venice Commission, the international body that provides advice on electoral practice, which was certainly an organisation that we consulted on matters such as the use of electoral ID when in government. Given the importance that this Government place on international law, I would have expected that they would at least have engaged with that organisation and sought its advice before bringing some of these measures forward.

On the debate about the impact of auto-enrolment, we know from the experience in Wales, where this was piloted, that following the audits of that—the door-to-door canvassing of real voters—more than 16,000 people had to be taken off that electoral register because they had been incorrectly placed on it. Clearly, to fulfil the expectation of Members across this House, we need to ensure that we have a canvass of the voters that is accurate and that contains the names of people who are entitled to take part under our laws in our democracy, but that does not open the door to interference of any kind that would undermine the confidence that people should have.

The right hon. Member for Islington North (Jeremy Corbyn) raised the important question of how people who are homeless can have the opportunity to participate in our democracy, which also has the corollary question of how we can ensure that people are exercising their democratic vote once, and that the law contains appropriate measures to manage those risks.

Finally, on the point that the Government have made about the use of bank cards as a means of identification, we remain very concerned that there are many banks and organisations offering a no-ID account—all of us will have seen them on the local transport networks—and the ability to get a bank card without any identification requirement at all, specifically marketed at people who do not have the ability to demonstrate their connections to the UK. While that is useful in terms of the ability to pay bills and pay to access public transport, given that we place such a high value on the integrity of our electoral system, we must have appropriate measures in place to ensure that those who are voting have the right to do so.

[Kevin Bonavia]

Does the shadow Minister not accept that the crime of impersonation is vanishingly small in this country, so what problem is he actually trying to fix? [Interruption.]

[David Simmonds]

I can hear voices challenging that, asking, “So a little bit of crime is okay?” We need to recognise a point similar to those made by Members across the Chamber about crypto. The world is changing. We have very significant and onerous duties for opening a UK bank account and proving our identity, but we live in a world where more organisations are coming to the market and saying, “We can provide you with that document, but without the need to meet any of those standards,” in exactly the same way as people are using crypto to transfer money around without the audit trail that we see with other forms of financial transactions. We need to make sure that our electoral system meets the test and that we can identify those exercising their vote in that way.

In conclusion, we have heard from across the Chamber a variety of different examples of improvements that could be made to the Bill. Some of those we as the Opposition will agree with, and some of them we will not, but I hope that Ministers will heed the calls from Members across the House, and particularly those of their own Back Benchers. I was struck by the observations and criticisms of the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne) and the hon. Members for Stockport (Navendu Mishra), for Rushcliffe (James Naish) and for Clapham and Brixton Hill (Bell Ribeiro-Addy), all of whom set out ways in which this Bill falls short of the minimum expectations that we would have for an appropriately modern and secure piece of electoral legislation. We will approach the Bill Committee in that constructive spirit, but I have to say that at the moment it certainly feels that a number of the measures are in this Bill specifically for the objective of the Government’s own electoral advantage.

Representation of the People Bill (First sitting)

David Simmonds Excerpts

Committee stage
Wednesday 18th March 2026 Public Bill Committees

[Lisa Smart (Hazel Grove) (LD)]

I know some of the witnesses through non-parliamentary activity. When they sit down, I will explain to the Committee my connection to them.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I declare that I am an unpaid parliamentary vice-president of the Local Government Association, which has supplied one of the witnesses for this panel.

--- Later in debate ---

[Lisa Smart]

Q My second question is picking up on Ms Yule’s point about harassment. It is a very good thing to bring electoral staff into the consideration of that; I think everybody sensible would agree.

From my experience of being involved in elections, there is sometimes a lack of clarity on who to go to with problems—is it the RO or the police? Is there a uniformity in how the law is enforced? Different police forces have different experiences or resourcing levels when it comes to pursuing somebody breaking election law. Can you talk about how you see the Bill addressing any of those issues or about areas where you think it could have gone further or been clearer?

Emily Yule: Some of that is already being addressed in practical terms. There has been a lot of joint working between the Ministry of Housing, Communities and Local Government, the police and local returning officers to make sure that those contacts within police forces are very visible, and that you know how to get in touch and report issues.

Our members still experience a disparity in the level of engagement in different force areas, but we see a commitment coming forward to try to balance that out. There is a critical part around communication with candidates, agents and others involved in the electoral process, so that they really understand. There is a guidance element about when it is a returning officer issue, when it is a police issue and when it is an Electoral Commission issue. The Bill has an opportunity to consolidate that good practice, but it is emerging and we have started to see it coming through in recent elections. As the specific, dedicated officers within police forces build up knowledge of electoral process, offences and issues, that will only increase.

Councillor Bentley: I pointed out the issue of harassment in my first answer, by which I meant harassment of both candidates and officers. Clarity of the law is very important, as is people understanding what is an offence. It is important for the police to have that clarity as well. You do not have police officers here, at least not in this session, but they have a difficult job in working out what is just a disagreement and what is harassment. That happens in elections.

We must not forget that a lot of this will take place and has taken place on social media. We need to make sure that the law is very clear. I am in favour of the harassment bit being in the Bill—it needs to be highlighted. However, we need greater clarity about what is an offence and what is not.

[David Simmonds]

Q There are two areas I would like to explore briefly. We heard a lot from the local government family about the chaos created by elections being cancelled, then uncancelled, and so on. Part 3 of the Bill includes a number of provisions to change the arrangements for elections. We heard about police needing to be put on the rota, then cancelled, then put back on again and schools needing to close, then reopen, then close again because polling was going ahead and then not. What are your reflections on the timeline, the consequences of those changes and the considerations that go with that?

Secondly, new clause 37 is about the provision and use of election materials in non-UK languages. We heard a great deal about that in the recent Gorton and Denton by-election, when cross-party concern was expressed. What should the Bill say? Should that new clause be part of it? Do you have an alternative body of evidence suggesting that a different approach is required?

Councillor Bentley: I would put in a plea for village halls, because they are vastly used and other organisations cannot use them for that entire day. If you are going to make changes to the electoral system, there needs to be clarity around that in advance. We do not want knee-jerk reactions so that suddenly all plans are off, then on, then off, then on again. We cannot have that. We need to be clear if elections are going to change.

We are going through a great period of local government reorganisation, which may happen on other occasions. We need early indications so that we can prepare properly—not only the people organising the elections and the candidates, but people who may think that they can use their village hall or school and suddenly cannot. We need to have clarity in advance. It cannot be left to the last minute.

On languages, from an LGA point of view all I would say is that it is important that everyone entitled to vote has the ability to understand what is actually happening. I think that is a fair way of putting it.

Peter Stanyon: I echo the comments on timing. The word I often use around elections is “certainty”. For scheduled polls, you usually plan six months in advance. In reality, I think a lot of the authorities carried on during the on-off period when the local government polls were rescheduled recently. Parliamentary elections have six or eight weeks’ notice; you are doing six months’ work in eight weeks. It puts on pressure. Going back to the earlier point on the timing of postal votes, for example, anything that gives two or three days in a timetable is a huge benefit—not just for administrators, but for the suppliers who deliver those things.

Going back to the earlier point on harassment, intimidation, translation into different languages and things like that, there needs to be a wider understanding of what elections are all about. We are living in a modern age, but elections are very much based on paper and pencil. They are trusted, in the main, but at the end of the day it is about making clear what the electoral process actually is. Some of the feedback we received about recent by-elections was simply about a misunderstanding of what the process is. There is an obligation on returning officers, the Electoral Commission and local authorities to do what they can to explain it, but there is also an obligation on candidates and parties to understand the changes coming in.

We almost need a reset, to say, “What is the best way of engaging with voters to give them what they need?” I am sure Emily will echo this point, but the one thing that an RO will not want to get dragged into is any debate about whether something is crossing a line that they do not have control over. There are very, very strict boundaries at the moment. I will not say it is a safe place for returning officers to be, but it means we have the certainty to say, “That is a police matter,” or “That is a commission matter,” or “That may be a planning control matter,” for example. It is about taking a step back and learning about how we deliver elections, and that goes right from young people all the way through the system. It is also about having a reset, to say, “Where are we now?” because there is lots of misinformation flying around from various sources.

Emily Yule: I echo Mr Stanyon’s points about the different sources of information. The Electoral Commission and the returning officer must be the trusted source of information for the democratic process for electors. We would, of course, welcome any provisions that improve accessibility and engagement, but it has to be within those boundaries of trusted and credible information.

In terms of changes in electoral law, we always seek a six-month implementation window. Any change to this system will bring an element of risk, but our very skilled administrators and leaders across elections know how to deal with change and address it, and they will deliver safe elections. But having a six-month lead-in provides that security. I will repeat a comment that Solace often makes on behalf of its members: we would ask for indemnity for returning officers when any changes are brought in very close to an election, which may result in issues that are not any fault of the returning officer.

[The Chair]

Ms Chowns, we only have three minutes left, so I may not be able to come to others. Please be brief.

Representation of the People Bill (Second sitting)

David Simmonds Excerpts

Committee stage
Wednesday 18th March 2026 Public Bill Committees

[Lisa Smart]

Q I have one final comment. If Donald Trump took all the assets of his companies, split them between him and his children and moved all the money into his UK-based company, which runs golf courses, there would be billions, or hundreds of millions, of pounds. Given how the legislation is written currently, I think that that company could perfectly legitimately donate to any political party. I would venture to say that the Government do not want that and might think about how legislation could be amended to address that.

Samantha Dixon: We have not designed these measures around specific individuals. I am not sure that the hypothetical illustration that you have given would pass the “know your donor” test, but I am happy to come back to you on that point.

[David Simmonds]

Q I have a brief question about clause 47 on the voter identification requirements. We have heard quite a lot on the point about bank cards. I am mindful that the Government’s own MoneyHelper website sets out how to get a bank card if you do not have any ID at all and also if you are of no fixed address; I know that is routinely used in electoral processes to establish your entitlement to vote in a particular place.

Clause 47 is also silent on the use of virtual cards. We know many banks issue payment cards that are online, so quite a lot of people have their payment card on a mobile phone and do not have any physical item with them that would meet that standard. Are the Government open to amendments to clause 47 to try to address that and at least bring clarity to what is meant by a bank card, so that polling staff, who may have to have that conversation with people, know exactly where they stand?

Samantha Dixon: You mentioned digital ID. For example, we have introduced the digital veterans card as a form of ID. It has the holographic clock in it, which means that it cannot be screenshotted or used fraudulently.

[David Simmonds]

Q Just to be clear, the question is about digital bank cards. A lot of people have on their phone an image of a card; they will not have a physical card.

Samantha Dixon: Right. My point is that, where a digital ID has that holographic clock, it is possible that the Government would consider that measure. But I do not believe that digital bank cards currently do.

[The Chair]

Katrina Murray, if you can do it in 30 seconds, you can ask a question.

Representation of the People Bill (Third sitting)

David Simmonds Excerpts

Committee stage
Tuesday 24th March 2026 Public Bill Committees

[Paul Holmes]

What I think is fairly obvious is that if there was consistency from the Government, someone’s being allowed to vote for their representatives would enable them to stand as a representative themselves.

I am a big fan of the hon. Gentleman’s and I want this Committee to be good tempered—as his colleagues will know from previous Bill Committees, I am a very good tempered individual. However, I politely suggest that the hon. Gentleman wants to have his cake and eat it. He is again saying that there are variations of participation. He is proposing to open up the franchise to 16-year-olds in the election of Members to this place and the Government of the United Kingdom, but he does not want them to stand in those elections and have that participation in democracy. In his intervention, I heard no solid reason why the Government do not believe younger people should be able to stand in those elections.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

My hon. Friend is making an excellent case. I was elected as a councillor for the first time at the age of 22; at that time, someone had to be 21 to stand in local elections, although they could vote at 18. Inevitably, I think, the Government accepted the argument that there was a serious inconsistency if someone could vote in an election but was unable to stand in it. That goes to the point that my hon. Friend is making.

There is an old saying: “If you are not a socialist in your youth, you have no heart; if you are not a Conservative when you grow up, you have no brain.” Does my hon. Friend agree that this issue is solely about trying to garner the vote of 16-year-olds, not about a change based on principle?

--- Later in debate ---

[Paul Holmes]

Which is the point, the Minister says from a sedentary position, but it is our contention that we then need to look at the age of majority across the whole of the United Kingdom.

[David Simmonds]

Does my hon. Friend recall the last Labour Government’s measures to raise the participation age? They took a very clear view that people at 16 were not mature enough to be trusted to leave school and start working life, and there was legislation compelling them to remain in education or employment-based training until the age of 18. Does that not give a very clear indication that this is a marked inconsistency—a departure?

If we were to have MPs and councillors at 16, they would be compelled to still be in education at the same time. That would require, for example, under the laws passed by the Labour party, Parliament to implement its own college system so that those 16-year-old MPs were able to continue their education while serving their constituencies.

[Paul Holmes]

What an interesting idea from my hon. Friend. It is one of his more radical suggestions, but he raises a serious point. The inconsistency of this Government’s approach to the age of majority is about to be made worse by this Bill.

If the Minister had come to the Committee this morning and said, “We are going to open a proper consultation and review on the age of majority”, that could be a starting basis for a genuine conversation in this country. At the moment, as my hon. Friend outlined, the Government are proposing to allow a 16-year-old to vote, but they have mandated them to stay in full-time education, meaning that they do not pay tax. They do not have that stake in the Government, because they do not pay those taxes. As I have outlined, the Prime Minister said himself that people who vote should be paying taxes. That would not be the case under this proposal.

My hon. Friend raises an interesting point on other aspects. The Government believe in 16-year-olds not being able to join the armed forces or secure a bank account without parental support, but they want them to be able to elect the Government of the United Kingdom, because it is convenient to them. It is a perfectly reasonable proposition to bring in votes at 16; it is perfectly reasonable, and I know many Labour Members genuinely believe that. I have no problem with them, but if they are going to do that, they should at least bring what a 16-year-old can do in society on to a level playing field.

The way this proposal has been brought forward, on the basis of the reasons given, with 16-year-olds not able to participate fully in the democratic process because they are not able to stand in the elections, suggests that this is more a cynical attempt than a pragmatic one.

[Paul Holmes]

I do not think a 15-year-old should be allowed to be Prime Minister. The hon. Gentleman is advocating for a 16-year-old to be able to elect a Prime Minister and their Member of Parliament, but does not want them to have the equal right to stand as a candidate for Parliament. I understand his intervention, but he still has not told me why he thinks that the purposeful variance in this legislation is a good thing.

I have been very clear that I think the age to able to vote and become a Member of Parliament should be 18, because that is when somebody becomes an adult. Forgive me if I am wrong—I do not intend to put words in his mouth—but the hon. Gentleman said in his intervention that some bits of becoming an adult happen when we are younger and some when we are older. In legislation in this country, someone becomes an adult when they get citizenship rights at 18. This Government are changing that and making it slightly more blurred than it needs to be. That is why we oppose this clause.

[David Simmonds]

I am sympathetic to the case put by the hon. Member for Bishop Auckland. I understand where he is going with it, but there is a distinction between the internal rules of political parties and the law of the land on electoral participation. Conservative party policy is that all members can vote to elect the leader of the party, but only those who have attained the age of majority can participate in elections to public office, whereas the Labour party recently changed its rules so that that only people over the age of 18 can participate in its internal processes for the same purpose. Does my hon. Friend think it is inconsistent for a political party to say internally that people have to be 18 to participate in leadership elections, but seek to allow 16-year-olds to vote in national public elections?

[Paul Holmes]

That goes to show the picking and choosing attitude of the Labour party when it comes to enfranchising younger people. They want to allow them to elect Members, but believe that 18 is the right age to vote their candidate selections and internal processes, so why are we suddenly discussing legislation proposing that 16-year-olds should have the right to vote? I am sure Labour Members will present a petition to the National Executive Committee, or whatever organisation represents them, to change the internal voting age. If they so believe in 16-year-olds electing national politicians in this country, perhaps they should believe in being selected by 16-year-olds too, although I do not see them jumping to take up that proposition.

I will wrap up shortly. The Government have said that they do not intend to drop the candidacy age below 18. We have had a vibrant discussion about that. Why do they think that those aged 16 or 17 are old enough to vote, but not old enough to stand for an elected body? Even if the Government do not think they can be MPs, why can they not represent smaller communities? Are they not capable of being local, parish or town councillors, or police and crime commissioners? The hon. Member for Bishop Auckland has advocated this clause. Does he therefore think a 16-year-old could represent their local parish or local town ward? Is there a variance in their ability to represent constituents in their local areas?

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[Dr Ellie Chowns (North Herefordshire) (Green)]

It is a pleasure to serve under your chairship, Dr Allin-Khan. I am delighted to speak on a Bill of such huge importance. I am also delighted to be speaking so positively in support of clause 1. I might have some constructive suggestions to make on further clauses, but I warmly welcome the long-overdue legislative change for votes at 16. The extension of the franchise to 16 and 17-year-olds will be hugely positive for our young people and for our democracy. It will be good for voter registration and turnout. It will help to embed healthy democratic habits in young adulthood that will continue into adulthood. It is vital that the voices of young people are giving the respect and the democratic space that they deserve.

Voting is a healthy habit that we want young people to form early on. Engaging younger voters in the process of voting creates positive habits for the future. Hon. Members will know that in 2024, turnout in the general election was just 59.9%—narrowly avoiding the 2001 historic low of 59.4%. Not only are too many voters not turning out; the turnout gap between younger and older voters has been expanding. We see lower levels of turnout in constituencies that have larger proportions of young people.

Introducing votes at 16 creates an opportunity to improve democratic education, providing a chance to create a seamless transition from learning about and discussing politics in the classroom to engaging in local and national elections. Research has shown that the earlier young people are engaged in voting, the more likely they are to carry on voting later in their lives. In Austria, Scotland and Germany, those who were enfranchised at 16 or 17 were more likely to turn out to vote into their twenties, compared with those who first voted at 18.

Enfranchised 16 and 17-year-olds also tend to turn out to vote in greater numbers than those voting for the first time who are aged 18 and over. That is likely because younger voters are better supported through their first experience of voting while they are at home and in education. By the time those who are 18 or older first vote, many will have already left home—for example, having gone to university—and are likely to be moving home more frequently, and may find it harder to register to vote or know where to vote. Registration levels for 18 and 19-year-olds are just 60%, compared with 96% of those aged 65 and over.

The main arguments being advanced against expanding the franchise are that 16 and 17-year-olds are not considered adults in many legal circumstances, such as in criminal law. We have heard comments today about the concept of full legal adulthood. The suggestion is that lowering the voting age conflicts with other legal thresholds of adulthood, such as restrictions on alcohol, gambling and jury service. I point out that adulthood starts in a phased way from 16, as 16-year-olds will pay tax, 17-year-olds can drive a car, and the majority of things that we prohibit 16 and 17-year-olds from doing are public health-faced, such as drinking and gambling. They are aimed at preventing people from developing unhealthy and potentially harmful habits.

[David Simmonds]

On the hon. Lady’s point about consistency, we often hear about the age at which one can purchase alcohol on licensed premises, but that is not a restriction that applies at home, so there is a significant inconsistency. Essentially, one is free under the laws of this land to consume alcohol at home from the age of 5. That is what the law says; one simply cannot purchase it on licensed premises. It is not the case that 16 is the point at which this becomes part of a consistent approach in the way that the hon. Lady describes.

[Dr Chowns]

I think the hon. Gentleman is in effect making my point for me, which is that adulthood starts in a phased way. There is no simple black-and-white cut-off at which things change from one night to the next. In society, we recognise that many aspects of growing up are part of a process. Voting is clearly a healthy, positive habit, and lowering the voting age to 16 and 17-year-olds will help to support their development.

The 16 and 17-year-olds whom I know and meet are thoughtful, interested and interesting. Their thoughts are worth having and are worth listening to. Their voice matters, and I want to know what they think. They have very pertinent and sometimes unexpected views on the key debates and decisions occupying much of our time in Parliament.

If we take the grotesquely unfair rip-off system of student funding, with the deeply unfair loans that young people wanting to go to university must take out unless they are exceptionally wealthy, 16 and 17-year-olds are thinking now about those loans as they think about whether university is for them. If we take the debate on whether social media should be banned for those under 16, these people can really tell us what it is like and how it affects them. If we take the debates we have had in Parliament on decriminalising abortion and any number of other vital issues, including the state of the planet and what that means for our futures, young people’s lives are the most affected by the decisions elected representatives take and they will have to live with the consequences of those votes for longer than any of us.

--- Later in debate ---

[Samantha Dixon]

The Government have a clear view on this issue: those convicted of a crime and serving a sentence in custody cannot vote. We have no plans to extend the franchise to prisoners.

The hon. Members for Hazel Grove and for North Herefordshire mentioned the European Court of Human Rights. The UK’s prisoner rights voting policy was very recently the subject of a judgment by that Court, and no violation was found. I am quite happy to share that judgment with Members should they wish to see it.

The provisions of the Bill simply reflect that policy, by accounting for all of the institutions in which convicted prisoners aged 16 and 17 may be held.

[David Simmonds]

There is a high degree of cross-party agreement on this point, but I have a technical question. The Minister referred earlier to the status of secure accommodation for children. Such an order is made by the family court rather than the criminal court, but it is often handed down when a local authority youth justice team is concerned particularly about the risks of self-harm. Under existing legislation, any child who is in custody of any kind is de facto in the care of the local authority where they reside. Under the terms of the Bill, that local authority then has a duty to support those who may be in secure accommodation to access their vote.

Could the Minister briefly set out what discussions, if any, she has had with the Department for Education, which owns that children-in-care legislation, so that we have clarity about what arrangements would be in place so that a child who is in secure accommodation, of which there is a very limited amount, often some distance from someone’s home, is able to exercise their right to a vote, which they would retain under these provisions?

[Samantha Dixon]

The issue that the hon. Gentleman raises is quite technical. I will provide him with the details. He is right that some convicted 16 to 17-year-olds, rather than being imprisoned in a young offender institution, are detained in secure children’s homes or secure training centres. Whether an individual is held in a young offender institution, a secure children’s home, a secure school or a secure training centre following conviction is not a direct reflection of the nature of their offence or determined by characteristics such as age.

It is possible for one individual who is convicted of a particular offence to be held in a young offender institution while an otherwise identical individual, who has committed the same offence, is held in a secure children’s home. Accordingly, it is appropriate and consistent to ensure that all convicted prisoners, regardless of their age or the institution in which they are held, should be prevented from voting. I will provide further details in writing, if that is acceptable to the hon. Member.

I thank hon. Members for their support for clause 2 and for the principle, which we are extending to 16 and 17-year-olds, that those held in secure accommodation and prison cannot vote—I think that is a well-understood principle, and it is one that we continue to support—and for their comments regarding new clause 9, which the Government will not be supporting.

Question put, That the clause stand part of the Bill.

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[Samantha Dixon]

I thank the hon. Member for his support. For attainment at the age of 18, we work with 16 and 17-year-olds, so the two-year rule will continue by convention. If I have anything to say that differs from that, I will share that with him.

[David Simmonds]

This is, again, a bit of a technical question, but both my hon. Friend the Member for Hamble Valley and I served previously as lead members for children’s services, and one of the groups for whom this will be particularly relevant is those young people who may be in the care system because they are asylum seekers. My local authority has among the highest populations of unaccompanied asylum-seeking children in the country.

There are existing arrangements, but at the moment, because the voting age is 18, it is completely clear: someone is an adult in the system and their eligibility to attain their vote depends upon the determination of their claim. However, there is a significant population of young people who have age assessments that are being disputed, or for whom there are issues around where residence may take place and whether leave to remain will be granted, and therefore at what point the individual, not because of their age but because of their immigration or asylum status, will attain the right to vote. What discussions have there been with the Home Office, which owns that legislation, and potentially the Foreign Office, which may have sight of what arrangements are in place in the countries from which those young people may be moving to the United Kingdom, to ensure a degree of consistency and certainty?

[Samantha Dixon]

I thank the hon. Member for his question on quite a complex issue. The right to vote is based on citizenship, so I would have to come back to him with further detail on those circumstances. We will come on to clauses that relate to children in the care of local authorities and their rights to register to vote, and to vote, but on that specific issue I think I will need to come back to him.

[David Simmonds]

I am sure that everyone is aware that the arrangements with Ireland, for example, provide a degree of eligibility and commonality, not just in the electoral system but in all sorts of other areas. In terms of enfranchisement, we have eligible Commonwealth voters who may participate in our electoral system by virtue of their Commonwealth status. That does not apply to all countries in the Commonwealth, but it does apply to a significant number of them. It would be helpful if the Minister could address that issue too, particularly given that we can envisage, for example, service families from the military of an allied country—in my constituency, with HMS Warrior just over the border, we have a significant number of families who come from Canada and Australia and, indeed, Europe—who may be here for a period of time, which would mean that they fall within the scope of this legislation. It would be helpful to understand what arrangements are in place to ensure that they are treated fairly.

[Samantha Dixon]

I will supply the hon. Member with that information, because it also applies to attainers who are living overseas. I commend the clause to the Committee.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Declarations of local connection: looked after children and detained persons

Question proposed, That the clause stand part of the Bill.

[Samantha Dixon]

Clause 4 will ensure that the extension of the franchise works effectively for young people whose living arrangements do not fit the traditional model of a fixed or permanent address. Declarations of local connection already allow certain individuals to register to vote when they cannot reasonably be associated with a single permanent address. However, once the franchise is extended, it is important that young people are not excluded from participation simply because of the nature of their accommodation. The clause expands the circumstances in which a declaration of local connection may be made.

Members should be assured that the provision does not remove any existing eligibility requirements. It enables young people who are looked after by a local authority, who have previously been looked after, or who are kept in secure accommodation to register in a way that reflects a meaningful connection to an area. It is an important measure that ensures that young people in these circumstances are able to register in a way that reflects their living arrangements.

Clause 5 will ensure that the extension of the franchise properly supports service families. Service declarations exist to ensure that members of the armed forces, Crown servants and British Council employees are not disadvantaged in their ability to register to vote when serving overseas. However, once the franchise is extended to 16 and 17-year-olds, a gap would arise: the children of service voters who move with their families in service would not have access to the same registration mechanism.

The clause addresses that gap and enables children who reside with a service-voter parent or guardian to register using a service declaration. That registration will cease when the individual reaches the relevant age, which is 19 for UK parliamentary elections, Northern Ireland Assembly elections and local elections in England and Northern Ireland, and 18 for Scottish parliamentary elections, Senedd Cymru elections and local elections in Scotland and Wales.

[David Simmonds]

To some extent, I have another version of my earlier question. In respect of children in care, within the provision there will need to be a process for registration and, in due course, a process for the administration of casting the ballot. If we consider the original judgment on prisoner voting, the European convention on human rights does not trump parliamentary sovereignty.

The judgment went against the UK because, at that stage, there were no arrangements in place for prisoners to be able to vote, although the law did not specifically prohibit them from doing so. The court said, “You can’t effectively lock them up so that they can’t get to the ballot box, but at the same time say that they are still legally entitled to the vote; you have to make a choice.” Parliament made a choice and said, “We are going to ban those people from voting.”

The Government have been very clear that young people in secure accommodation will be eligible to vote. We are also aware that those in the 16 to 18-year-old category who are treated as care leavers will often be in what is known as move-on accommodation as they transition from a fostering placement or children’s home to semi-independent living.

What arrangements will the Government make to ensure that, in practice, under the terms of this legislation, those young people are not deprived of their ability to vote by virtue of moving around the country or simply lacking access to the service that they require, as opposed to being deprived of it by a deliberate decision of Parliament as part of the punishment inherent in a custodial sentence?

[Samantha Dixon]

The hon. Member makes an important point. The response to that is the declaration of the local connection; that must relate to an address with which the individual has a genuine connection, as set out in the Bill. For example, a person experiencing homelessness may register using the address of, or nearest to, a place where they spend a substantial amount of their time, such as a shelter or another place where they regularly stay. Similarly, a young person looked after by a local authority may register using a previous address or one connected to the local authority responsible for their care. I hope that answers the hon. Member’s point.

[David Simmonds]

I understand the Minister’s point in the sense that a young person can register to vote. My question is about the logistics of how the ballot is cast. One of the challenges for young people, particularly in the care leaving transition, can be the instability of placements.

Young people may move around to access the type of accommodation that they need, or they may be placed far from home to get them away from, for example, a drugs gang or a grooming gang that caused them to come into the care system in the first place. Therefore, they will find themselves in a position where, while they may wish to participate under this legislation, the logistics and practicalities of that may be different and, in practice, they may be deprived of the opportunity to vote. It may be a matter for those discussions between the Department for Education and the Ministry of Justice, but it would be helpful to understand what practical arrangements have been put in place to ensure that, if the Government really want 16 and 17-year-olds to be able to vote, they can do so.

[Samantha Dixon]

The hon. Member raises an important point. We have to establish the principle in the first instance and, as we progress with the legislation, we can provide more detail about the practical arrangements. Clauses 4 and 5 establish the principle; we will have to come back to the detail of how we take that forward. It is a complex area, but it is essential that young people in the care of a local authority are not disenfranchised because of that.

Clause 5 is important to ensure that young people in the care of their families overseas, as they give service to our country, are treated fairly under the extended franchise.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Clause 6

Further provision about registration and participation in elections

--- Later in debate ---

[Samantha Dixon]

The short answer is yes. This is an extension of the arrangements with which EROs are most familiar, and the guidance that will be provided to them in advance of the proposals coming into effect will reflect the extension of the franchise. I suggest that EROs and our electoral administrators are very familiar with these issues, and it will simply be a matter of extending those arrangements to the newly enfranchised age group.

[David Simmonds]

I have another technical question to provide clarification for the Committee. We know that there are different rules for who is eligible to vote in local elections and in general elections—and council elections are imminent—and the Government website sets out those criteria. One of the consequences of this change will clearly be to extend the franchise to a large group of people who do not and cannot currently vote in UK general elections.

A question that may arise for an electoral registration officer is how to establish the age of, for example, an eligible Commonwealth citizen who arrives to register to vote, if their age is not clear. Will the Minister set out what guidance EROs might be expecting to spell out the evidence that might be sought to establish eligibility in terms of age if, for example, a citizen of Poland who has moved to the United Kingdom wishes at the age of 16 to join the electoral register for the upcoming council elections?

[Samantha Dixon]

Let me re-emphasise that EROs are familiar with providing such guidance already. We are simply extending the franchise to a different age group to enable them to participate in UK parliamentary elections and those other elections mentioned. The well-established route for providing that guidance will continue, extended to encompass the newly enfranchised in future elections. This is a well-trodden path, and I am happy to provide more details as required.

Amendment 5 agreed to.

Clause 6, as amended, ordered to stand part of the Bill.

Schedule 1

Further provision about registration of young voters etc

Amendments made: 6, in schedule 1, page 103, line 35, at end insert—

“Police Reform and Social Responsibility Act 2011

14A In section 51 of the Police Reform and Social Responsibility Act 2011 (vacancy in the office of police and crime commissioner for a police area in Wales), in subsection (6C)(a)(ii) omit “, who has attained the age of 18”.”.

This amendment removes the restriction that certain EU citizens, who are registered in a register of local government electors, need to be 18 or over to give a notice of vacancy in the office of police and crime commissioner for a police area in Wales.

Amendment 7, in schedule 1, page 103, line 35, at end insert—

“Recall of MPs Act 2015

14B (1) The Recall of MPs Act 2015 is amended as follows.

(2) In section 14 (determination of whether recall petition successful), in subsection (3), for “18” substitute “16”.

(3) In section 22 (interpretation), in subsection (3)(b)—

(a) in the words before sub-paragraph (i), for “18” substitute “16”;

(b) in that sub-paragraph, for “18” substitute “16”.”.—(Samantha Dixon.)

This amendment includes 16 and 17 year olds who are registered in a register of parliamentary electors in the calculation of the threshold to be reached to determine whether a recall petition is successful.

Schedule 1, as amended, agreed to.

Clause 7

Prohibition of registration officers disclosing information

Question proposed, That the clause stand part of the Bill.

Representation of the People Bill (Fourth sitting)

David Simmonds Excerpts

Committee stage
Tuesday 24th March 2026 Public Bill Committees

Clause 16 creates an equivalent duty to raise awareness and provide assistance to the duty created by clause 15, but with reference to Northern Ireland instead of Great Britain. The difference is that this duty applies to health and social care trusts instead of local authorities. That is simply a reflection of the bodies with responsibility for social care and care leavers in Northern Ireland, and so ensures that the duty will work in the same way across the UK. I hope that hon. Members will agree that the duty created by these clauses will provide targeted and invaluable assistance to people who may need it, thus helping ensure that no one who is eligible to cast a vote loses out on being able to do so.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I am grateful to the Minister for her explanation in response to my earlier questions. Clause 15 says that a local authority

“must take the steps the authority considers necessary”.

One of the challenges with that is that young people will be placed in different areas of the country. The Bill gives rise to the possibility of significant inconsistency. One local authority may take the view that there need to be special arrangements for the young person to be taken to the polling station to cast their vote, or that particular arrangements are necessary for a postal vote to be exercised by someone whose station is further afield. Another authority may take the view that simply giving them a briefing note explaining it would be sufficient. Both of those sound like they would meet the test set out within the Bill.

Can the Minister set out what guidance there may be, either from her Department or from the Department for Education, to ensure that there is a degree of consistency, so that there is equality of access for young people in the care system? That is especially important where the placement they may be in is effectively controlled by a third party. For example, how will there be appropriate measures in place to ensure that a young person in foster care—particularly given the “Staying Put” policy introduced with cross-party support by the last Government, which enables those young people to stay as care leavers with a family with whom they have been fostered—has an equality and consistency of access to both the registration process and the physical ability to cast their vote?

[Samantha Dixon]

The Government are committed to ensuring that everyone who is entitled to vote should be able, encouraged and supported to do so. Different authorities will have different approaches that will arise in different circumstances. Our provisions allow local authorities to take the most suitable approach when assisting people to get on the register. To address the concerns raised by the hon. Member for Ruislip, Northwood and Pinner, while the guidance will be national, the application will be appropriate to local circumstances.

--- Later in debate ---

[Lewis Cocking]

Some people will be automatically enrolled who have chosen, under the current system, not to be on the electoral roll, but it is a question of fairness. If we are not having that across the country, all at the same time, it will create an unfair election result. As I understand it, it will be up to Ministers to choose whether they do it by age, by location or by demographic. If everyone is not enrolled at the same time, one could arguably gerrymander, because one could pick people based on who they are likely to vote for at the general election.

I do not think we need automatic enrolment, but if the Government are going to push forward with it, they could at least say, “We are going to make the next generation fair in terms of auto-enrolment, and we are going to do it for everybody, all at the same time, across the country for the next general election.” If the Government are worried about capacity to do that, I suggest that what is needed is more time. The Electoral Commission might say that it needs more time to do it, so it would have to happen at the next general election after that. As I have said, they could do pilots based on council elections, as long as the whole authority is covered by that pilot.

[David Simmonds]

Does my hon. Friend recall the evidence that we heard about the pilots in Wales? Auto-enrolment was implemented, and when that data was verified, a significant number of voters fell off who should never have been on the roll in the first place. That indicates that there is a risk that auto-enrolment distorts the electoral position at local authority or parliamentary constituency level by adding people who are not eligible to vote. It creates two risks: one is, as my hon. Friend has described, boundaries being drawn in a way that does not allocate people’s votes equally; another is that people will be offered the chance the vote when they are not eligible to participate in that election.

[Lewis Cocking]

My hon. Friend makes an important point, and that is why Opposition amendments 26 and 27 are very important, because they go some way—not the whole way, but some way—to mitigating what he has just outlined.

--- Later in debate ---

As part of the pilots, we will be testing the reliability of different datasets and new approaches to registration, such as direct registration. The specific detail of the pilots will be set out in secondary legislation. Ahead of the pilots, we have already begun to explore different datasets to ensure that we have the best possible data and to enable us to identify someone’s entitlement to be registered to vote.

[David Simmonds]

The Minister is addressing the pilots and how they will be learned from. My hon. Friend the Member for Broxbourne set out some broad concerns about the risks to the integrity of the ballot of taking an inconsistent approach, whereby different groups of electors may be targeted for auto-enrolment in different local areas, such that we end up with inconsistency.

Another risk is around identity theft and fraud. For many people, a place on the electoral register is the start of obtaining credit or sometimes of applying for a job or benefits. I am very conscious, as I am sure we will all be from our constituency case work, that getting behind those kinds of fraud and identity theft can be extremely expensive and difficult. For example, a person may apply to go on the electoral register at someone else’s property without your permission. That person may not be genuine or even exist, but under this system, unless a response comes back saying that they do not wish to be added to the register, they will automatically be put on it. That opens a new avenue for fraudsters, and particularly identity thieves.

For the benefit of the Committee, will the Minister therefore set out what consultations there have been with colleagues across Government about evaluating the risk of identity theft that this provision creates for our constituents?

[Samantha Dixon]

I simply suggest that the piloting, with the work of the EROs and the access to the datasets that establish the right and the eligibility to vote, are testing precisely the point the hon. Gentleman is making about avoiding election fraud. That is the purpose of the pilots.

[David Simmonds]

It is not so much about election fraud off the back of this; it is more about somebody getting themselves on the electoral register and applying for a credit facility. One thing the credit provider will check is whether they are on the electoral roll. That person may not exist at all, but because of auto-enrolment they are now on the electoral register, as a result of which they obtain credit. That opens up the risk of fake registrations, which we already hear about from trading standards. It would be helpful to understand what consideration the Government have given to that risk, particularly given the impact it has on vulnerable households among our constituents.

[Samantha Dixon]

The point that I am attempting to make is that this piloting and the move towards auto-enrolment will enable EROs to test, based on a variety of different datasets, that the application is accurate, legitimate and not spurious or in any way fraudulent. While I note the hon. Gentleman’s point, these things are being done to avoid the scenario he has just described.

EROs will continue to exercise their knowledge and judgment to assess eligibility before they send someone a notice that they will be registered to vote. Before a person is automatically enrolled, they will be written to, but the ERO will have tested, through a variety of different datasets, whether that application is legitimate. We will test that robustly and fairly and with the guidance of partners such as the Electoral Commission.

--- Later in debate ---

[David Simmonds]

Does my hon. Friend agree that ensuring full transparency and integrity following any changes is even more important at the moment, given that the integrity of our electoral system is being called into question, including by some parties represented in the House of Commons that say that we cannot rely on the fairness and integrity of elections under the existing rules? Does he agree that the avoidance of future challenge and dissonance relies on this Committee’s being clear what the changes we are being asked to vote on mean in practice? If we cannot be clear with the voters about what this means for them, we should not be doing it. We should be coming back later when we can be clear.

[Paul Holmes]

I do not think it will be a surprise to the Committee that I wholeheartedly agree. This is alien to me. Asking the Committee to vote on the principle of something without the detail and with absolutely no reassurance that the transparency and integrity of the system will be fundamentally better than it is now is bad law making and bad government.

--- Later in debate ---

[David Simmonds]

My hon. Friend refers to the recent judicial review. My understanding is that, rather than losing the judicial review, the Government actually offered no defence. They conceded because they did not wish to be transparent about the decision-making process that the Secretary of State had followed. Subsequent freedom of information requests sought to get under exactly what was happening, but clearly there was correspondence that the Government did not wish to place in the public domain. They preferred to abandon their devolution plans rather than concede on that point.

Does my hon. Friend agree that that is not a great starting point for a Government who are asking us to take them on trust about pilot schemes with a complete absence of detail and no indication of who would be prioritised for auto-enrolment, what the geographical basis would be or what the decision-making process would be? It is not a good basis for asking us to take them on trust when the Government have not been willing to be transparent about elections that they were determined would go ahead, only to cancel them within literally 24 hours.

[Paul Holmes]

My hon. Friend is absolutely correct. As I say, this Minister is a Minister of integrity, but I find this out in opposition. I work for a shadow Secretary of State; the Minister works for the Secretary of State. On a number of occasions, the Secretary of State has been found to have said things in the Chamber that have turned out not to be the case. It is therefore not right for the Opposition to have confidence that we can rely on a reassurance from the Minister that the pilots will not be used to amend the franchise.

The wording of amendment 28 is so clear that there is no room for manoeuvre. Why does the Minister not accept the amendment and show us that her reassurance is worth the paper it is written on? The amendment would not fundamentally change the passage of the Bill or the parameters of the pilot, but it would provide reassurance that the Government will not use the pilots and whatever comes out of them for a reassessment through the Electoral Commission. We do not know the parameters of the pilots; their geography, as my hon. Friend says; who will be included in them; or the datasets that will be used. The Minister should accept the amendment and give us reassurance that the pilots will not be used to change the franchise.

The Opposition have repeatedly asked and challenged Ministers, particularly the Secretary of State when he took office, about whether local elections would go ahead. The Secretary of State then tried to stop those elections. We know why the Government did not want anybody to see the evidence or the correspondence. It was a pattern that this Government have shown before: putting their own political interests before the interests of the electoral system and before having a credible plan or a credible defence. That is why they were found out. That is why when I looked the Secretary of State in the eye and asked whether he would cancel the local elections, he said he would not—and then he did, on a Thursday morning when he would not get the scrutiny that he deserved from a full House of Commons.

[David Simmonds]

On the pattern of behaviour, the Minister has set out very clearly that the Government wish to rely on the independent Electoral Commission to appraise the outcome of the pilot schemes. But what we do not know—because the Government are not willing to set it out to this Committee, which it is asking to approve the principle of the pilots—is what it will appraise those pilot projects against. We do not know at this stage what the Government seek to achieve through the pilot projects. We therefore cannot assume that the Electoral Commission is in a position to give us the genuinely independent perspective that we expect of it.

Historically, there has been much debate about whether the Electoral Commission should be given a mandate by Parliament. One useful thing about such a mandate is that it would be able to say, for example, that a criterion for appraising pilots is the use of equality impact assessments to determine the impact of the pilots on people with learning disabilities or physical disabilities, on younger voters specifically, and on younger voters with learning disabilities, who may be a subset of such voters. Without any clear sense from the Government of what the pilots will seek to achieve and how that will be implemented consistently, it is difficult for the Committee to be confident that the pilots will genuinely contribute to the integrity of the poll.

[Paul Holmes]

My hon. Friend is absolutely correct. Let us not forget that in very recent history the Government have completely ignored the view of the Electoral Commission anyway. When the Government said that they would not cancel local elections, and then did, and then got found out in court and did not defend the case, the Electoral Commission said repeatedly that it disagreed with the Government’s stance on the local elections because the Government had not consulted and had breached the general rule that EROs and local authorities should be given at least six months’ notice of a change of poll.

The Electoral Commission was very clear, and I think it went as far as condemning the Government’s decision, but the Government ignored it. The Minister can outline how the Electoral Commission will be consulted, but they have ignored it before and it is very likely—in fact, given the pattern of behaviour of the Secretary of State, it is almost certain—that the Government will find the answer that they want to find, regardless of what the Electoral Commission review says.

We remain sceptical. This is not personal against the Minister. I like the Minister intensely—[Hon. Members: “Ooh!”] I couldn’t think of another word. I like the Minister a lot, and I think she is a woman of integrity, but the pattern of behaviour from this Government is astounding, on consultation, on transparency and, actually, in Parliament. Ministers, who are governed by the ministerial code, have said that they will not do something and then gone ahead and done it anyway, in the cynical way that we have come to see from every Department in this Government. It is rotten from the top down.

On the pilots, the Minister has been clear that the parameters are not well established in the Bill and that she will want to come back with secondary legislation. Clause 20, “Power to pilot changes to the voter registration process”, states that the

“Secretary of State may by regulations make voter registration provision…in connection with…a register of parliamentary electors maintained under section 9 of RPA 1983”

and

“a register of local government electors”.

However, where it says that “regulations must specify”, there are certainly no parameters, and she is asking us to give the Government a blank cheque.

The Minister is asking us to approve pilots without any detail on what they may look like. She is also not saying how she will test whether those pilots are successful. When she winds up, will she outline to the Committee exactly what the parameters are for the pilots and the tests for what looks like success when they are finished?

--- Later in debate ---

[David Simmonds]

My hon. Friend the Member for Broxbourne made the constructive suggestion that we proceed on the basis of local authority areas for the use of the electoral roll in the local poll so that everybody who is standing or voting in the election can have confidence that they will be treated equally. Earlier in our debates, the hon. Member for Hazel Grove set out her sympathy with the proposal for the pilots, but I am sure that no Member of this House would be content to lose narrowly in an election, only to discover that in their constituency—perhaps alone in the country—there had been a programme to auto-enrol a specific cohort of voters who had not been auto-enrolled in the same way in neighbouring constituencies or in the rest of the country. That would fundamentally call into question the integrity of the poll.

I know that the Government have had serious concerns and reflections internally following the allegations made at the Gorton and Denton by-election. I do not think that most of us accept that those allegations are correct. None the less, the level of doubt that has been cast on elements of the process is of concern to Members across the House. The Government should be in listening mode. They should listen to my hon. Friend the Member for Broxbourne and should seek to do this properly, so that all voters and candidates in elections can have confidence that they will be treated equally and consistently across the country.

[Paul Holmes]

I apologise to my hon. Friend the Member for Broxbourne for not responding to his very reasonable suggestion. If the Minister were to say that she wanted to base pilots across the country on a local authority area, I am sure that many local authorities would jump at the chance to be at the front of delivering it and would work with her to do so. However, it potentially calls into question the integrity of the polls when that is based on a certain characteristic, or on an area that does not necessarily cover the whole area in which people are entitled to vote.

There is a cross-boundary issue with general elections and local elections; my constituency has three local areas with three different EROs within its boundaries. The way in which the automatic registration pilots will go ahead is just not universal. I will therefore insist on pressing amendment 28 to a Division. We will also divide the Committee on clauses 20 to 25.

--- Later in debate ---

[Paul Holmes]

I thank the Minister for outlining clauses 26 to 29. I believe that all parties represented on the Committee agree with devolution. The Minister outlined that there has been consultation with the chief electoral officer and officials in Northern Ireland, but given that we are entering a period of devolution, and of Governments, Cabinets, First Ministers and Members of Parliament across this great United Kingdom, I am slightly concerned that we have not had any detail about which relevant Cabinet Minister in Northern Ireland has been consulted on these proposals—not only in relation to the reports from the Electoral Commission that will be required, but on the Government’s proposed pilot in Northern Ireland. We have not heard what the democratically elected Executive, local Members of Parliament or local authorities in Northern Ireland think of that, and that concerns me.

I hope that the Minister might outline, perhaps with the help of her excellent officials, whether the political leads in Northern Ireland have come back with their views on the proposals. It is okay for officials to do so, but officials advise and Ministers decide—that is my old mantra. It is one thing for the chief electoral officer, with whom I have no issue whatsoever—he is doing an admirable job—to say that he is okay with the proposals, but I would have thought that the UK Government should have the consent of the Executive. It concerns me that we have not had such an assurance from the Minister today.

[David Simmonds]

Although we do not have a representative from Northern Ireland on the Committee, we have had a number of debates in which a variety of these issues have been raised, and we took evidence on them specifically. The electoral system, registration system and arrangements for elections have been different in Northern Ireland for some time anyway, and that reflects part of the fairly complex political history of that part of our United Kingdom. One of the commonalities that we have with Ireland is the ability of people there to cast their vote in general elections in the United Kingdom and vice versa.

Will the Minister set out—perhaps my hon. Friend agrees with me that we need a bit more detail on this—what conversations have happened not just with the Northern Ireland Executive but with the Government of Ireland? A number of provisions mean that the Province, in which people will have the ability to vote as a United Kingdom voter and also, potentially, in Ireland, especially if they are dual electors, will have different electoral rules. It is particularly important that that is fully considered, especially before pilots, which might make further changes, are implemented without the element of local consent.

[Paul Holmes]

My hon. Friend raises a good point that I had not thought of, as is normally the case. I am concerned that the political leadership have not given their sign-off or their thoughts, and that this Committee should be given the views of the Northern Ireland Administration. Having briefly served as a shadow Northern Ireland Minister, I understand the differences and the unique nature of the politics of Northern Ireland, and he is right to say that people who live in Northern Ireland could be eligible to vote in a number of elections in different countries. When it comes to the Province, it is therefore important that we get clarity on how the pilot, and the lack of information about it, might affect the different rules in different countries.

We remain concerned. As with the last group of amendments and clauses, there is no detail on what the pilots might look like, particularly under clause 28. In her last winding-up speech, the Minister stated that the Government are designing the pilots and are looking at how to make them the best they can be, but a Government propose things, and they should know what they want a pilot to look like in order to get the policy outcome before they come to this House and expect us to approve legislation. I say gently to the Minister that if the Government have a policy they want to achieve, they should have some idea about how they will get there and what a pilot might look like.

Clause 28, on the power to pilot proposals under clause 26, does not really contain any detail as to what such pilots might look like. Under clause 29,

“If pilot regulations are made, the Electoral Commission must…prepare a report on the pilot regulations, and…before the date specified under section 28(4), give a copy of the report to the Secretary of State and to the Chief Electoral Officer for Northern Ireland.”

In none of the proposals in the Bill is the First Minister of Northern Ireland, or the relevant Cabinet Minister in the Executive, included in any reporting mechanisms; it is only the Secretary of State and the chief electoral officer. If we want to harness great cross-border relations, it is very important that the democratically elected devolved Government have some kind of say, even if it is after the fact and about whether they think it was a success.

We have a number of concerns about the holes in these clauses, and we look to see what reassurances the Minister can give us before we decide whether to press them to a Division.

Representation of the People Bill (Fifth sitting)

David Simmonds Excerpts

Committee stage
Thursday 26th March 2026 Public Bill Committees

[Paul Holmes]

I rise to oppose clause 47, as well as speak in support of Opposition amendment 30. I will also speak to new clause 19, tabled by the Liberal Democrats. Not one person or organisation at the first evidence session of this Bill Committee supported changing this element of the legislation to enable bank cards to be shown as an acceptable form of ID. Witnesses said that t1hey had great concerns about that change. Across the House, we should all agree—and I am sure we do—that the integrity, security and safety of the electoral process in this country must be upheld.

I strongly contend that the Government’s watering down of voter identification will lead to more impersonation, more prosecutions and a less safe electoral system compared with the one we currently have. Under the Elections Act 2022, the previous Government brought in photographic voter identification. It is a simple fact that, if people do not have one of the acceptable forms of ID, they can apply for one for that specific circumstance. I ask the Minister, seriously, to listen to those witnesses again. They are experts in their field and they gave strong warnings about the integrity or ability of a bank card to be shown as a viable form of identification.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I very much agree with what my hon. Friend is saying. Clause 47(3), which refers to the treatment of digital forms of bank cards, says that, in digital form, they are a specified document and valid for ID purposes

“only if a person can form a reasonable view about whether it is a specified document by means of visual inspection alone.”

That is a significant burden to place on a polling clerk, the returning officer or another election official—the paragraph does not specify who that person is—to determine whether, when an individual shows them an image that may or may not be that person’s bank card, which is not required to contain a photograph or anything like that, it is the genuine article. Particularly given the significant growth of online banking, does my hon. Friend agree that that opens to door to this supporting impersonation in a way that would constitute electoral fraud?

[Paul Holmes]

I agree entirely with my hon. Friend. Banking has advanced to such a great extent that I could pay for my cup of coffee on my iPhone with my bank card showing—nowhere does that card have my name on it. What if people do not have a physical bank card? Although the legislation says that voters have to show a physical form of bank card, there are different cards now. The designs of bank cards have changed, and no two bank cards are of exactly the same design. It is very hard to put the burden of evidence on a volunteer election official at a polling station and expect them to ask the elector to provide their bank card; if they are not satisfied, they will be put at risk.

I contend that, if this measure is implemented at the next election, the number of arguments or attacks at polling stations will increase because of the downgrading of the type of ID required. ID is very simple and very expected, as we first heard at the evidence session. It has absolutely bedded in, and it is well known now, because of campaigns by the Electoral Commission, that voters are to take photographic ID to a polling station. Many people now know that. It is the least we should expect that, when people try to vote in this country, they should show a form of photographic identification.

Representation of the People Bill (Sixth sitting)

David Simmonds Excerpts

Committee stage
Tuesday 14th April 2026 Public Bill Committees

[Samantha Dixon]

I thank Members for the wide-ranging and constructive points that they have made. The Government accept the thrust of the amendments tabled by the hon. Member for Hamble Valley; however, we believe the existing clauses already allow for foreign links, the status of the foreign influence registration scheme and other relevant indicators to be considered.

It is important for us all to consider—this speaks to a point that the hon. Member for North Herefordshire made—that, as drafted, the list of statutory risk factors is capable of amendment by secondary legislation, so that the framework can remain up to date. As new risks emerge, they can be addressed through secondary legislation. The hon. Member for Hazel Grove made the point that this is a very fast-moving landscape. When the Government introduced the strategy last July, it was prior to the conviction of Nathan Gill. New risks have emerged in considerable number in the past year, and my hon. Friend the Member for South Dorset described how new parties are emerging. It is important that legislation is not prescriptive in a way that hampers consideration of risks as they emerge.

I appreciate the sensitivity that the hon. Member for Hazel Grove expressed—I think the hon. Member for Hamble Valley understands this too—to the challenge of legislating in a fast-moving landscape. The Government are responding as promptly as we can. On the timetable, Parliament will be prorogued soon—I do not know when; my hon. Friend the Government Whip may have more intelligence on that—but this is a carry-over Bill, and that is important given the consideration and consultation that needs to happen as we respond to the Rycroft review.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I want to pick up on the implications of the points made by my hon. Friend the Member for Hamble Valley and the hon. Member for South Dorset. We are all aware that Reform was the first political organisation to come into being as a private company. It operates outside the framework of a traditional political party, and that carries with it some risks.

As the Minister has outlined, the intention is that the framework identifying those risks can be regularly updated. However, that organisation has been in existence for some six years, so this is not something that has suddenly materialised. The point that my hon. Friend outlined in his contribution, and in the amendments covering things such as FIRS, is that that these are emerging risks that we have all been aware of for some time.

I appreciate the Minister’s point about the timetable and where we are in this Session, but it would be helpful to understand from her how soon those long-standing risks that we have been aware of for some time will find their way into secondary legislation and therefore the framework, or where they might feature in amendments on Report so that they can be properly taken into account.

Representation of the People Bill (Seventh sitting)

David Simmonds Excerpts

Committee stage
Tuesday 14th April 2026 Public Bill Committees

Additionally, the new clause would apply only to material wholly generated by a generative AI system. In practice, we would expect most digital campaigning content to be at least partially edited, curated or adapted by campaigners, even where AI had been used at some stage. That threshold would therefore be difficult to interpret, and would create uncertainty for campaigners and enforcement authorities. There is also a significant risk that the new clause would quickly become outdated. As we have discussed, AI continues to evolve rapidly, and the definition in the new clause may struggle to keep pace with technological developments, potentially rendering the provision obsolete within a short period. For those reasons, although we share the intention to strengthen transparency around digital campaigning, the Government do not believe that the new clause is workable or proportionate.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I have a lot of sympathy for what the Minister is saying. It seems to me that there is a risk of a “may contain nuts” kind of solution emerging: campaigners could simply put, “This may contain artificially generated imagery” on every item of digital campaigning and comply with the law, but that would not tell us whether what is being represented has been materially altered. In the light of her earlier comments about the autumn timeline, will she give the Committee a clear commitment to work not just with political parties but with industry, with a view to ensuring that we have effective copywriting and watermarking, which we know many of these organisation are already developing, so that anybody looking at political content can be confident that what they are seeing is genuinely what was said by that politician, candidate or party?

[Samantha Dixon]

The hon. Gentleman makes a really important point. As I mentioned earlier, the Secretary of State for Science, Innovation and Technology announced that the Government have established a taskforce to take forward proposals for Government on best practice for labelling AI-generated material. With the interim report due to be published in the autumn, I think it is timely that I should write to the Secretary of State for Science, Innovation and Technology to outline the concerns that have been debated in the Committee—I am looking to my officials to ensure that we pick this up—because I think it will be very informative for the taskforce’s work. If the hon. Gentleman is happy for me to do that, I will do so.

Finally, the Government recognise that there are potential issues with section 106 of the Representation of the People Act 1983, which the hon. Member for North Herefordshire mentioned. We are reviewing how that legislation should apply in a modern electoral setting and, where necessary, we will take appropriate action to clarify the scope of the section, particularly to make sure that it captures emerging technologies such as deepfakes and other AI technologies and is future-proofed.

Question put and agreed to.

Clause 63 accordingly ordered to stand part of the Bill.

Clause 64 ordered to stand part of the Bill.

Clause 65

Decriminalisation of certain requirements

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Samantha Dixon]

It is our intention to increase the maximum fine level in secondary legislation, as I stated earlier. Its level will be debated at that time. We will debate it in secondary legislation, but it needs to remain proportionate, and we need to move towards it in a considered way and debate it then.

[David Simmonds]

I think there is a high degree of political agreement that this is the right direction of travel. Could the Minister say a little bit more about the assessment that the Department will have done about the resource implications for the Electoral Commission? We are all conscious that regulatory enforcement can come at an enormous cost to the regulator, especially where bad actors have specifically structured arrangements to evade rules and enforcement.

We have seen examples in other jurisdictions where political action committees, fake political parties and short-term political parties have been set up specifically to get around the regulations set out in light terms in the Bill. Given that that is likely to be partially funded by a costs award in the event of somebody having been found to be in breach, alongside the fine, could the Minister indicate what she thinks the cost implications are for the Electoral Commission? That is especially given that we have seen regulators in multiple jurisdictions face enormous costs for the legal process required to enforce their judgments.

[Samantha Dixon]

My officials work very closely with the Electoral Commission and would not have acted without consideration and with consultation with it. I remind the Committee that decisions about the resourcing of the Electoral Commission fall to the Speaker’s Committee on the Electoral Commission. That is the route by which it is funded. We would not want to make regulation too burdensome, but correspondingly, the Electoral Commission reports to the Speaker’s Committee regularly about its resourcing needs. Indeed, mostly recently, it returned money to the Speaker’s Committee that it did not feel it needed. To reassure Members, officials work closely with it to ensure there is sufficient resource.

Our policy ambition is for these legislative changes to be consistent across reserved and devolved elections and to be commenced in a way that provides clarity to campaigners on how the rules will be enforced across all elections. Clause 68 provides for that, as it allows the Secretary of State to make provisions that could otherwise be made by Scottish or Welsh Ministers, but only with the consent of Scottish or Welsh Ministers. In practice, subject to the agreement of the devolved Governments, that will enable us to introduce a uniform set of changes to the role and power of the Electoral Commission in relation to local government elections in Scotland and Wales.

I turn to clause 69. The Electoral Commission currently lacks an explicit statutory gateway to disclose information to other regulators and law enforcement bodies. The lack of an explicit legal basis for information sharing forces the commission to rely on incidental powers or bespoke memorandums of understanding to disclose information. Those arrangements create unnecessary complexity and delays, and make information sharing more burdensome than it ought to be. They have embedded unnecessary friction into the system, slowing co-operation between regulators on important cross-cutting regulatory issues, and frustrating the very bodies charged with upholding the integrity of our democratic processes.

To underpin our wider reforms to strengthen enforcement, the clause provides a clear legal basis for information sharing, enabling the commission to disclose information to specified regulators and enforcement bodies. It will nurture an environment of collaboration between relevant bodies on cross-cutting issues such as foreign interference, data protection and digital campaigning. To ensure that the information-sharing gateway remains effective as the regulatory landscape evolves, the list of bodies can be amended by the Secretary of State, following consultation with the Electoral Commission and subject to parliamentary approval via the affirmative procedure.

The Government note that one of the recommendations of the Rycroft report is to build on this measure and make the information-sharing gateway reciprocal, to provide clarity that the Electoral Commission can also receive information from relevant bodies. We are carefully considering all the recommendations from the Rycroft review. We will issue a full Government response in due course, and, where appropriate, we will introduce new amendments to the Bill.

With those assurances, I commend clause 69 to the Committee. I will allow other Members to speak to the new clauses and I will respond to them in due course.

--- Later in debate ---

[Paul Holmes]

I absolutely accept the Minister’s point that it is accountable to Parliament, but her party and her Government have a majority in this Parliament, and her Government are asking the Electoral Commission to do a huge amount more. She says that it has been consulted, but all I would say is that, in other areas, it was not consulted when the Government have arbitrarily gone ahead and decided to do what they want to do.

The Minister is also correct, and I thank her for her correction, that the Electoral Commission already issues fines. I do not dispute that, but this Government, through schedule 10 and clause 65, are trying to remove some of the fine elements from the judicial system and place more responsibility on the Electoral Commission. That is my concern about the extra responsibility it would have, which has been taken away from the judicial system, as well as some of the other responsibilities that it is being asked to take on, as we have discussed in relation to previous clauses.

[David Simmonds]

Does my hon. Friend agree that, when we look across the system, we see other regulators—Ofcom probably comes to mind—where fines have been issued through a civil process like the one this legislation envisages. We know that Ofcom is currently engaged in a battle with 4chan, which it has fined a very significant sum for failing to meet legal requirements in the United Kingdom for age verification checks for online pornography. 4chan’s response has been to refuse to pay the fine and to counter-sue in the courts of the United States, arguing that, because it has a headquarters in the US, it is effectively a restraint on trade by the British Government and a breach of its rights under US legislation.

Clearly, there is a significant possibility, given that civil courts have a different burden of proof than criminal courts, that this could end up entangling the Electoral Commission in all sorts of long-running and extremely expensive disputes in a way that is not currently envisaged. We need to foresee that risk and plan for it appropriately.

[Paul Holmes]

I agree. I am all in favour of streamlining and making things more efficient, but I am worried that the unintended consequence of essentially removing the judicial oversight element is that the Electoral Commission cannot actually enforce—or, if it does try to enforce, adherence can simply be refused. The Government have done this in another organisation, Natural England, through measures in the Planning and Infrastructure Act 2025. They gave Natural England—an organisation that has limited finances—an enforcement role in legislation, but with no teeth. Therefore, I share my hon. Friend’s concern that this simply will not work.

I have said what I have to say on those clauses, and I would like to press new clause 41 to a vote. We will not oppose any of those clauses, but I warn again that we are concerned about the Electoral Commission’s ability to undertake its responsibilities, and I know that the Minister has responded to that.

Representation of the People Bill (Eighth sitting)

David Simmonds Excerpts

Committee stage
Thursday 16th April 2026 Public Bill Committees

[Lisa Smart]

The arrests were made for support for a proscribed organisation via holding a placard that said the holder supports that organisation. I think we are talking about the same case. I understand the point that the hon. Member makes. Proscription of organisations is a tool that the Government rightly uses, although I have questioned the proportionality of the use of that tool. New clause 3 particularly mentions political violence; the hon. Member is talking about peaceful protest, if I understand her correctly. All hon. Members on this Committee, and everyone beyond it, should support the right for people to tell a Government that they think the Government have got it wrong. We should all support that and not make it harder for people to do it. If, however, someone is guilty of a

“prescribed offence relating to the promotion, incitement, or use of political violence”,

I do not think that they should be able to financially support a political party. The promotion of an organisation is the same as supporting an organisation. There are ways of supporting organisations and causes that stay exactly the right side of the law. While I am not of the view that the Government have always used proscription rules proportionately in recent months, I do think that, if those rules exist, they should be able to be used in that way by those who are enforcing the law.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I am sympathetic to the point that the hon. Member is trying to make. I have listened carefully to what she said about new clauses 2 and 3. With respect to new clause 3, it would be helpful to consider the treatment of those who may have been opponents of an oppressive foreign political regime who have been convicted in this country of an offence that might be a proscribed offence under mutual recognition arrangements, but where they perhaps sought asylum in the UK. We have seen examples of people who were vocal opponents of the Putin regime in Russia coming to the UK and joining a political party. Those are people who we recognise as good citizens. How would they be treated should that offence be on that proscribed list?

In respect to new clause 2, again, I have sympathy, but I raise the issue of business people undertaking consular roles in other countries. It is quite common, for example, for a British business person who may be the British consul in a particular town to then be appointed by a series of other Governments to act for them as an agent in that respect. Subsequently, on returning to the UK that business person would be caught by the rules in new clause 2, even though those restrictions are in no way intended to target those types of activities. Has the hon. Member given some thought to how those types of roles would be captured and how they might be excluded?

[Lisa Smart]

New clause 3 talks specifically about political violence. While we can sometimes agree with the message that opponents of our adversaries use, it is right that we are against political violence and those who promote political violence. I think that covers his question on new clause 3.

Representation of the People Bill (Ninth sitting)

David Simmonds Excerpts

Committee stage
Thursday 16th April 2026 Public Bill Committees

[Dr Chowns]

I will speak very briefly in support of the three amendments tabled by the hon. Member for Guildford, which highlight really important issues. It seems extraordinary, really, that we have such inequality between England, Wales and Scotland in relation to support for disabled candidates. Clearly, with such huge levels of under-representation of disabled people in our politics, it is imperative that support is put in place to try to rectify that. I fully support the call for the reinstatement of the access to elected office fund.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I appreciate that the main focus of these amendments has been around disability. However, I was proud of the work that my party did in Government to try to improve the diversity of candidates, particularly in local elections.

Has the hon. Member given any consideration to the broader concept of diversity in terms of candidates? We know that disability can present some specific challenges, but one of the issues for political parties is about engaging those much wider communities, from which sometimes very few people feel willing to put themselves forward as candidates. Does she have a view about that that she would like to share with the Committee?

[Dr Chowns]

I absolutely do—indeed, that is what the next two amendments are specifically about. That clearly should be the next step; the provision was put in place in the Equality Act, so it is just about commencing something already there under section 106 that would apply to reporting on diversity with a range of protected characteristics, not just in relation to disability.

I completely agree that our politics should be representative of our population as a whole; we should all be challenging ourselves constantly, as individuals and as parties, to ensure that we are doing everything possible to address under-representation of certain groups. The lack of representation of women is particularly brought into focus by the fact that it is now nearly 100 years since the franchise was fully extended, yet women are still seriously under-represented in this House—and even more under-represented in local politics nationally. But there are many other dimensions of under-representation; while the first amendment relates specifically to support for disabled candidates, the next two amendments relate to that much wider spectrum. That is crucially important.

[Samantha Dixon]

New clause 31 would require the Electoral Commission to establish a fund to provide financial assistance to disabled candidates standing for election in England. It is the Government’s ambition to see more disabled people in public office, and we know that some disabled people still face additional financial barriers when contesting elected office. To address that, we are currently developing a new fund to support disabled election candidates with the disability-related extra costs they can experience, to enable participation on an equal basis.

We put the lived experience of disabled people and lessons learned from previous funds at the heart of our work to develop that new fund. We have engaged with a wide range of stakeholders, including MPs and disabled local councillors. We have heard how ensuring ongoing support is important to providing the reassurance people need to plan for the long term, as it can take a number of attempts to get elected. The Government are able to provide that type of support without this amendment, as they have done in the past, with the access to elected office fund from 2012 to 2015 and the EnAble fund from 2018 to 2020.

As part of our work to develop the new fund, we are considering how design elements might better support longevity, retaining the flexibility needed to ensure that the fund provided is fit for purpose. Given the ongoing work that the Government are doing in this area to establish a fund, I gently ask the hon. Lady not to press the new clause.

I now turn to new clause 34. The Government are committed to improving representation in politics. We encourage increased diversity in Government and political candidates, and have taken action to address that. Section 106 of the Equality Act 2010 is an uncommenced provision that would require registered political parties to publish anonymised data about the diversity of their candidate selections, in accordance with regulations. The Government are committed to commencing section 106 of the Equality Act. However, careful consideration needs to be given to how it might be implemented, the supporting regulations and whether any phasing might be needed in implementation. Officials will consult with stakeholders, including political parties, in due course.

[David Simmonds]

One of the issues that this proposal creates is that if we are seeking to assess the accessibility of politics for candidates from a range of backgrounds, we need to know not only about those who make it through and are nominated as candidates, but about the broader range of the public from whom those candidates are drawn. It is fairly standard, in terms of equalities impact, to understand from that data who is not making it through that process.

Has the Minister given any consideration to how that concern might be addressed, beyond simply gathering the data? That may not tell us who was simply not able to make it through the process and get to the point of being nominated as a candidate in the elections covered by section 106.

[Samantha Dixon]

The hon. Gentleman highlights exactly why further consultation is needed. This is a complex issue, and it needs to be discussed with all the major and minor political parties to explore how candidates are encouraged to come forward and the ways in which we can support political parties to become more diverse. I hope he accepts that response.

I turn to new clause 35. The Government really are committed to better representation, and we have taken a variety of actions to address that. As I have mentioned, section 106 is uncommenced, and we are committed to commencing it with careful consideration and at the appropriate time. I therefore ask the Committee to reject the new clauses, as that process is already in progress.

--- Later in debate ---

[Paul Holmes]

The Minister is absolutely right. I am a democrat. I believe that every hon. Member on the Committee has the backing of their constituents, albeit not by a margin that the Liberal Democrats, Greens, or other parties, might favour because they want to change the voting system. Each and every member of the Committee won more votes than each of their competitors. That is an act of trust: our constituents elected us under the system that was provided to them. That is the greatest measure of trust that can be portrayed in a result: securing a number of votes to win that election under the guidelines.

I think we are opening something of a Pandora’s box and, if I may say so, entering cloud cuckoo land if we get to a stage where this Parliament is mandating to measure public trust. There are organisations that do that. We have polling companies: in my view too many of them, and too many opinion polls—and that view is not just because the Conservative party are not in front in those polls at the moment. I find it difficult to support a requirement on the statute book for a report on the impact of the Act on trust in elections.

[David Simmonds]

Does my hon. Friend note, as I do, that the international gold standard for the conduct of elections is set by the Venice Commission: a group of academics and people with political experience from countries across the democratic world who meet to consider measures including voter identification, the conduct of polls, the transparency of electoral material—all those different matters. When I asked the Secretary of State for Housing, Communities and Local Government whether the Government had considered the input and latest reports of the Venice Commission, it was clear that the Secretary of State had not even heard of the Venice Commission. That is an example of something that would, to a degree, undermine trust and confidence in elections. As my hon. Friend is setting out, the outcome of any poll depends very much on who asks the question, how they ask it and of whom they ask it. Given that the new clause simply cannot set that out in statute, it does not add value to the Bill.

[Paul Holmes]

I agree with my hon. Friend. I honestly believe that the new clause does not add any value. It does the reverse. Indeed, the report that would be published within 12 months of the Bill passing could reduce trust in politics. Trust is subjective. We all have different opinions. Let us say that the Bill passes with this new clause and, 12 months after the next local elections or general election, there is a report on trust in elections. There are so many different opinions on the criteria outlined in the new clause that the Government would be reporting on, that there will be many people who disagree with the Secretary of State’s report, thereby undermining trust in the democratic process, whichever side of the coin they are on—on proportional representation, on first past the post, on the Electoral Commission, on the way in which parties were funded and on the way in which they campaigned. A general election itself is the ultimate arbiter of trust in politics.

This is one of the stranger new clauses that we have seen. I do not say that personally to the hon. Members for Hazel Grove and for Guildford, but we should be rolling back legislation. All the way through our consideration of the Bill, the Liberal Democrats and I have called on the Electoral Commission to do more, but we have also called for the Electoral Commission to have the right resourcing to operate the mechanisms for which both we and the Government, in different respects, have been calling. The new clause will add more bureaucracy and more reporting, and it will undermine trust in the electoral system, which is already—I absolutely accept—in a very delicate state.

However, the Minister is absolutely correct. The elections, as undertaken, and the results of the elections, as determined by the democratic will of the people of this country, are the result of trust. There are many organisations that can measure trust; I do not think that it is up to the Government to measure it. It is up to Governments to lose elections if they are not trusted, and it is up to Governments, or the Opposition, to win them if they are trusted. That is the way that things should stay.

--- Later in debate ---

Family voting—which we know exists, despite some people saying that it does not—is a breach of the Ballot Secrecy Act. It is not unreasonable to expect the Government to look again at whether our polling stations and ballot processes are working when making legislation such as this Bill. For example, should the tables in our polling stations be divided into quarters, which allows people to look over at how others are voting, or should we look at implementing an American system, where we disguise tables, so that people are reassured that their votes are being cast in secret, as they should be under UK legislation?

[David Simmonds]

My hon. Friend is making an excellent speech. A consistent theme that has emerged from his points, and from the evidence and debate in this Committee is that we can have all the rules we like, but enforcement is a major challenge. In particular, it highlights inconsistency. Because there is an element of vagueness in the law, it is sometimes left to the individual clerk of a polling station, with or without good advice from a returning officer or electoral officer, to try to determine the appropriate course of action. Hence, people breaching the law would be kicked out in some places, but not in others. Does my hon. Friend agree that it is essential that we get the detail correct in the Bill in order to ensure greater consistency, and therefore trust and confidence, in the practice of elections across the country?

[Paul Holmes]

My hon. Friend is absolutely right. At the moment, on polling days, the law is interpreted differently at different polling stations—I am using polling stations as an example because the most interaction we have with voters is when they cast their ballot, and they should be pleased to do so. Going back to the example of my constituency, different counts and polling stations have different interpretations of the distance at which it is acceptable to display a poster. I have been in situations where down one road, they are allowed right up to the door, and even in the station in some cases, and in other areas they are not allowed in the car park. That is all based on interpretation. The new clause seeks to ensure that we have uniform electoral guidance. That would be produced by the Electoral Commission, which, as the Minister outlined, is an independent organisation that is being asked to take on more responsibilities to assess, approve and give out statutory guidance to returning officers.

Most people drive to and park at polling stations on their journey to vote, and candidates and tellers— I believe in telling, because it gives people interaction with the political parties before they cast their vote—often wait outside. Can any Member say that, in the last election they participated in, there was a uniform code as to what they saw at each polling station? I would say no. Election staff do not have that central guidance to say what should and should not happen. Often, when candidates report inconsistencies, because there are inconsistencies it is much harder to prove that a breach has happened.

In the discussions we have had this afternoon, each and every political party has wanted to ensure that our democratic process is tightened up, whether that is from foreign interference, cryptocurrency donations or donations from this country, and whether we want new people to be able to vote, or want people to give ID to vote—all of those things are contained in the Bill.

[David Simmonds]

To bring my hon. Friend back to where he started, what is so striking about what he is saying is that the moment when the voter goes to the polling station is the key interaction that most people have with our democracy.

The debates that we as politicians are interested in, about the sources of electoral finance and the eligibility of different people to come and vote, while important, are not as salient as what is going on in the mind of the voter at the point they cast their ballot. Their ability to do that with complete faith in the integrity of that process is critical. Does he agree that it is even more saliant to make the point that this review and update are necessary, because for the voter that represents the front door or the window on politics, and that then influences all the other issues that have been brought up by Members?

[Paul Holmes]

I agree with my hon. Friend. To ironically, yet seriously, relate this to the previous new clause we discussed, I would argue that having a uniform code of guidance where voters are given assurance that everything is run in the same way would rebuild trust in our democracy, the Government and the process.

My hon. Friend is absolutely right that the difference between us sad political operatives, who look at electoral law and whether everything is being run okay, and the average voter on the street—a term that I hate—is that people out there either have not thought about the fact that there are local elections or do not think about the machinery of how a ballot is run. When they approach a polling station and have difficulty, the trust that they have in the integrity of the system is damaged. Having the reassurance that the Government, regardless of political colour, are looking to give an independent body powers of review, perhaps after every general election, would add to trust and the feeling that there is competence in the voting system.

As we go through the journey of the voter, I know for a fact that there is the odd conspiracy theory about pencil versus pen—some places people can vote by pen, some places by pencil, and people say that their vote could be rubbed out if they vote by pencil. I happen not to subscribe to that theory, as our election staff are people of integrity. But even that is not clarified under central returning officer guidance; if it was, it would allow people to have confidence.

People often look at how others vote in polling stations. I hate to break the news to you, Sir Desmond, but they do. When we stand at a polling station, and a person is voting just there—for the benefit of Hansard, I am indicating that there is another desk to the right of me—we can see how they are voting. That breaches the trust that we need. I say to the Minister, who I know is going to reject this new clause because so far the Government have not conceded on much, that if we are all democrats then we should not be afraid of assessing whether our elections work.

We have a groundbreaking piece of legislation—I am sure when we get to Report stage, the Minister will now say in the Chamber, “the shadow Minister said this is groundbreaking legislation”. It has its bad points and very good points, but I accept that it is groundbreaking—but it could be even more groundbreaking. It could be the key piece of legislation that builds the integrity of our election system, which as the hon. Member for Guildford outlined, is extremely delicate at the moment.

[David Simmonds]

This is one of the most important parts of the debate we will have on this Bill. Most of us, as politicians, will have experienced a voter telling us on the doorstep that they would be willing to vote for our party but that they lack confidence in the secrecy of the ballot, because they know that the ballot paper issued has a serial number on it that could in theory be tracked down later to establish how they voted.

Does my hon. Friend agree that when we look at electoral behaviour, the turnout in, for example, local elections, has been consistent for 100 years, and that debates around trust have not been as material to people’s willingness to vote as trust in politics in general, because confidence in the ballot, and the sense of what is at stake in those elections, really matters? That is really a question of politics, rather than, as earlier amendments suggested, a question of trust. Does he agree that the significance of this is about ensuring the integrity of the process by which democracy happens, as opposed to a wider debate that reflects our political views about that process?

[Paul Holmes]

I absolutely agree with my hon. Friend. This is not about whether one political party—or one party in government—is more trustworthy than the other; we leave that to the voters. This is about trusting in the integrity of the voters. He is absolutely right that the greatest influence and first right of every citizen in this country should be their ability to participate in the democratic process, pick their Government and pick the elected representatives who stand up for them, but there needs to be integrity.

My hon. Friend is right to outline that this should be seen not in a party political way, but in a process way. The new clause would contribute to that aim by giving powers to the independent Electoral Commission, which, as the Minister reminded us in the previous sitting of this Committee, is governed by Parliament, not the Government. This is a step that the Minister could take, seeing that they are very keen to give the Electoral Commission increased power.

This new clause is crucial and non-partisan, and it would allow us to have a tangible effect on the trust in and integrity of our system. Nobody is bigger or better than the system that we have, but that system can be improved, and we should not be shying away from allowing ourselves to improve it, no matter who is in government, to make sure that every time that a voter walks into a polling station, they know that their vote will be cast in the most secret and best way possible. I hope the Minister will look kindly upon the new clause, although I am sure she will not. I look forward to her remarks in response.

[Dr Chowns]

Ballot secrecy is extremely important. The shadow Minister has talked about family voting. I am deeply disappointed and concerned by the implicitly discriminatory accusations made by some parties in relation to family voting in recent weeks. I wish we saw as much passion about the far greater threat to our democracy posed by the skewing effect of huge donations.

Conservative members of the Committee made no contribution in the discussion on caps on donations or limits on expenditure earlier this afternoon, but have devoted considerable airtime to this particular topic. I ask all of us to consider: what is the greatest threat to the integrity of our political system?

[David Simmonds]

There is a crucial distinction that I am interested in with the hon. Member’s reflection on—

[The Chair]

Order. I am sure that it would the hon. Gentleman’s greatest pleasure to address the Chair, particularly when I am in it.

[David Simmonds]

My apologies, Sir Desmond. I was seeking the hon. Member’s views on what happens at the point of casting a vote, which is where all of us exercise our equal democratic freedom. We have a vote each, and we cast it in the same way in a process that needs to have integrity. There is no guarantee that any amount of expenditure will influence a voter in a particular way if they feel that that is wrong, and each of us as voters exercises that judgment equally and freely under the law. The amendments we have been so keen to spend some time on are about the integrity of and confidence in that process, under which every single voter is equal in the power they exercise in a democracy.

--- Later in debate ---

[Paul Holmes]

Forgive me, Sir Desmond. I do not think that has necessarily been unique to me on this Committee, but I will draw my remarks to a close. I am being challenged over my intentions in tabling the amendment. It was well intentioned, but it has been said that it is about just one thing and that it is weaponising an issue, which it is not.

[David Simmonds]

I am keen to avoid being accused of being repetitious in any circumstances. Does my hon. Friend agree that the key strength he is advocating for is the integrity of the ballot as the guardian against all these issues? If we have a secret ballot that we can trust, all the issues of corruption, undue influence, family voting or whatever they may be are managed appropriately. If we fail to ensure the integrity of the ballot, things become irresponsible.

[The Chair]

Order. That is definitely a repetition of points that have already been made.

--- Later in debate ---

[Paul Holmes]

I beg to move, That the clause be read a second time.

This new clause is vital. I would say that, because we tabled it, but it aims to repair some of the imbalance in the tactics that we have seen in recent elections, and to give every voter a level playing field to participate in voting in an equal way.

The new clause relates to the language of campaign materials. It would provide that:

“During the relevant period campaign material must not be promoted or published in a foreign language.”

By that, I mean the short regulated campaign period. If a person were found guilty of an offence because they caused

“campaign material to be promoted or published that falls within subsection (1)”—

in other words, in a foreign language—they would be liable on summary conviction

“in England and Wales, to a fine”

or

“in Scotland or Northern Ireland to a fine not exceeding level 5 on the standard scale.”

I want to be clear why we have tabled the new clause. We are all politicians who campaign in our constituencies, but we all know that politics is becoming more divisive in the messages that certain parties are putting out there. An election leaflet in the Gorton and Denton by-election was written in Urdu. It said: “Give the Muslims a voice. Punish Labour for their views on Gaza. Vote Green.” Notwithstanding that that is a divisive statement to make, the Green party actively and purposely made it to prey on the vulnerabilities of a community that are not as involved in British society as they should be, and get them to vote Green on one issue: foreign policy and the Labour Government’s decisions on Gaza. Every Government’s first duty to this country is to keep their citizens safe. Regardless of what we think about Gaza, or any one issue, that is the Government’s No. 1 duty. On foreign policy, the Prime Minister and Foreign Secretary have undertaken those responsibilities. They do that every day. That is what the Prime Minister and Foreign Secretary are supposed to do.

When campaign materials are published in a foreign language to exploit communities that should be much more involved in British society than they are, that is exploitation for political gain. That skewed the result of the by-election in Gorton and Denton. Let me be clear that I am not contesting the result of that election. My party was never going to win it, so if anybody wanted to intervene on me and say, “It’s because you got a measly 6%,” that would be entirely true. But let us face it: not everybody in that constituency could see what the Green party was saying to those communities about Gaza. The constituency is very diverse; it has a big white working-class community and a big ethnic minority community. I say it again: that was exploitation of one community on one issue, and the Green party was guilty of doing that.

[David Simmonds]

My hon. Friend has spoken eloquently about the Green party’s shocking behaviour in the Gorton and Denton by-election, but does he recall the evidence that we heard on our first day in Committee from Tower Hamlets? That gave us all cause to reflect that this is not simply about a shocking recent issue involving the Green party; it has been a long-standing concern in our politics. If we want to ensure that everybody has equality of access to our democracy, we need to make sure that we get this right. Using the established languages of our nation is a key part of that.

[Paul Holmes]

I agree with my hon. Friend. That is one example, but we know there have been issues with electoral integrity in Tower Hamlets. Previous Governments stepped in in Tower Hamlets because there were breaches in relation to some of the election materials that were going out.

My contention is that every voter, no matter where they come from, should be able to have the same access to campaign materials. It is not unreasonable that digital and physical election materials should be on an equal footing in the short campaign—people can do otherwise at any other time—when emotions can be high, polls can be tight and parties are campaigning very hard.

The Government are moving towards trying to encourage translation anyway. The Secretary of State released a social cohesion strategy that is supposed to make every citizen in this country feel or identify as British, and feel safe and at one in this country. The only way we can do that is by increasing funding for translation services and encouraging people, and sometimes forcing people, to learn the languages of this country. Those are English, Scottish, Welsh or the other registered languages in the British Isles. That is not unreasonable. The Government clearly do not think that it is unreasonable, because in the social cohesion strategy they actively promote it. All I am trying to do is make it official that people should be reading their election materials in one of the official British languages.

--- Later in debate ---

[Dr Chowns]

The new clause, tabled by the hon. Member for Middlesbrough South and East Cleveland (Luke Myer), proposes creating a new offence of misleading the public by candidates in a parliamentary election campaign. We are witnessing a proliferation of disinformation with a concurrent rise in distrust among the public. A recent survey by Ipsos MORI found that just 11% of the UK public trust politicians to tell the truth. That is clearly problematic and, unlike in advertising, finance or medicine, there is no legally enforceable standard of requiring truthfulness from those who hold or seek public office.

Ministers are not allowed to lie, but, under the current situation, candidates can. This lack of accountability does, unfortunately, create an incentive to deceive. As the old saying goes, a lie can travel halfway around the world while the truth is still putting on its shoes. This legal vacuum has, unfortunately, enabled far-right figures to weaponise disinformation. It has enabled foreign powers to covertly manipulate elections and policy, and manipulation of voters through false factual claims has changed the landscape of the nation. There are already examples of that, including Brexit and campaign tactics in previous elections.

New clause 59 aims to protect voters from political deception by holding parliamentary candidates accountable for acts intentionally designed to mislead the public or manipulate voting in their favour. A similar measure is already provided for in the Government’s Public Office (Accountability) Bill. That creates a new offence of misleading the public, which will cover public officials. The parallel measure in new clause 59 will ensure that candidates are included in a similar provision and cannot use deliberate deception to win public office.

As it happens, the Welsh Government have recently introduced equivalent legislation to create an offence of deliberate deception by candidates. Westminster would not be acting alone, and the new clause would provide consistency across Britain.

This would not be a law to punish genuine mistakes, misspeaking and so forth, or to restrict legitimate political rhetoric. It would not cover manifestos, as a manifesto is a statement of intent. It would not create a new area of law, but merely extend it to plug the gaping loophole of political deception by applying existing legal principles.

The new clause includes safeguards to ensure fairness, such as a high legal threshold for wrongdoing and a defence for those acting with reasonable excuse. Its phrasing ensures that the threshold for wrongdoing is high. It applies only to conduct that is “seriously improper,” so it targets deliberate misinformation campaigns, major false claims that could influence voters and manipulative or dishonest campaign tactics that are falsely used to steer voters towards a particular decision.

There is overwhelming public support for this measure. A petition on this issue has more than 200,000 signatures, and polling by Opinium shows that 72% of voters support it. Further research by Survation found that a majority of voters in every single party is in favour of it. This measure would go some way to help repair trust in our politics, and I look forward to hearing the Minister’s response.

I will briefly speak to new clauses 61 to 64, tabled by the hon. Member for Ellesmere Port and Bromborough (Justin Madders). New clause 61 would introduce a code of conduct for political campaigning and put that on a statutory footing. There is already widespread agreement that we need a code of conduct for political campaigning—that was a recommendation from the Speaker’s Conference last year. The Government have committed to establishing a code of conduct for campaigns following that recommendation, and the Electoral Commission has absolutely welcomed this.

I draw colleagues’ attention to one of the evidence sessions at the Speaker’s Conference last year, in which Labour’s executive director of governance and legal highlighted the question of whether the code of conduct should be statutory. He said:

“A code might be helpful in setting a public benchmark of acceptable behaviour…ultimately, you would probably want it to be enforceable in some way, and then the question would be, is it appropriate to put that on a statutory footing? Is there a possibility of agreeing something?”

I ask the Minister to consider that we have an excellent opportunity to put it on a statutory footing in this Bill to ensure that that code of conduct, which is so widely recognised as being absolutely necessary as per the recommendations of the Speaker’s Conference, has the force of primary legislation behind it.

New clause 62 is about an electoral advertising code of practice. We have already discussed issues relating to electoral advertising, and I have shared with the Committee my huge concerns about the regulation of online political advertising in particular and the urgent need for a real-time political adverts library. This new clause is more general. It is frankly unclear why ads for commercial products are held to greater account than ads that move votes and affect election outcomes. Fundamentally, that seems weird, unequal and deeply problematic.

The organisation Reform Political Advertising has been campaigning very effectively, long and hard, in this area. In the 2024 London mayoral election, for example, it trailed a factual accuracy code, which seven London mayoral candidates, including Sadiq Khan and the Green and Liberal Democrat candidates, signed up to, and others supported.

International precedent also exists. Regulation of factual claims in electoral advertising has been in place in New Zealand for several decades, with cross-party support.

[David Simmonds]

For the benefit of the Committee, will the hon. Lady briefly set out who—it could be a body or an individual—would be the appropriate judge of factual accuracy? I am sure all political parties have been on the receiving end of the famous Lib Dem bar chart, which says, in tiny letters underneath, “Survey of 10 people we asked in the pub last night.” It could be argued that it was factually accurate, based on that very dubious source. How will we ensure that, where there is some dispute about the facts, there is a sufficient degree of independence in arbitrating that question?

[Dr Chowns]

I refer the hon. Gentleman to the very next new clause on the selection list, which engages with precisely that question.

In addition to New Zealand, there are similar rules about the regulation of political advertising in Australia. On the question of who will adjudicate, there is currently no independent body with the power to adjudicate on the truthfulness or accuracy of non-broadcast political advertising. That is an issue. Provision has been made in the new clauses for a separation: the code of practice would be established by the Electoral Commission and the oversight of the decision making—the adjudication—would be done by a different body.

The 2020 report by the Lords Democracy and Digital Technologies Committee, “Digital Technology and the Resurrection of Trust”, called for a regulatory committee on political advertising that would involve relevant experts from the Advertising Standards Authority, the Electoral Commission, Ofcom and the UK Statistics Authority, who would co-operate through a regulatory committee on political advertising. Political parties would then work with those regulators to develop a code of practice, along with appropriate sanctions, that restricts fundamentally inaccurate advertising during a parliamentary or mayoral election or referendum. The Lords Committee recommends that that regulatory committee should adjudicate breaches of the code, and that is effectively what new clause 63 would put in place.

“What then would happen about sanctions?” I hear hon. Members ask. Well, that takes us on to new clause 64, which again creates a separation. It would establish an enforcement framework and enable the Electoral Commission to impose civil sanctions for breaches of the advertising code, basically according to a ladder of increasing seriousness.

I warmly recommend the new clauses to the Government and the Committee. Despite the rapidity of my speech, given the shortness of time, the way that advertising can distort our politics is a crucial issue. I very much hope that the Government will warmly consider the issues, alongside all the other ones that they will hopefully come back to us on at a later stage.

[Dr Chowns]

I beg to ask leave to withdraw the motion.

New clause, by leave, withdrawn.

[David Simmonds]

On a point of order, Sir Desmond, may I seek your guidance? I know that the hon. Member for North Herefordshire said earlier that, for reasons of time, she did not wish to go into sufficient detail. Can you just confirm to the Committee that we have two further full days of consideration, which are already in everybody’s diaries? I know that the Government Whip declined my suggestion of an adjournment earlier; however, Members should not feel constrained in fully setting out the concerns that they have or the issues that they wish to raise about the Bill, given that—as I understand it and as I have just said—we still have a further two days of consideration available to us.

[The Chair]

I can only confirm that there are four more sittings over two days—Tuesday and Thursday of next week.

New Clause 66

Electoral Commission: Power to institute criminal proceedings in England and Wales or Northern Ireland

“In Schedule 1 to PPERA 2000, leave out sub-paragraph (2)(b).” —(Dr Chowns.)

This new clause would remove the prohibition on the Electoral Commission from instituting criminal proceedings in England and Wales and Northern Ireland.

Brought up, and read the First time.