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.

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[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.

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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.

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[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.

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[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?

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[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.

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[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.