Political Parties, Elections and Referendums

Debate between Baroness Laing of Elderslie and Chloe Smith

Wednesday 31st January 2024 Commons Chamber

[Chloe Smith]

I am grateful to the hon. Member for making that point. Let me say in a respectful tone of voice that I am glad to see the depth of work that he has done on this, but I hope that he recognises that there are many of us on the Conservative Benches who have also spent very many years focusing on this area. My answer to him would be that there are partial similarities and there are partial differences. I think that he is wrong and that some of his colleagues are unwise to throw quite so many accusations in such a tone today. In part, there are good reasons why it is reasonable to set out in one place the Government’s priorities, which, as the statement sets out, are adjacent and relevant to matters to do with the regulators. That is what today’s document does. He is right that that is somewhat different from the more detailed work that is done by the regulators of water and electricity and so on. He is also right, of course, to point to the essential independence of the Electoral Commission. I am glad that he has done so, because it gives me the opportunity to add my emphasis to that as well.

There is nothing to be concerned about from this statement in respect of the independence of the commission. We have heard those assurances from the Minister today. It is extremely important that he has set that out, and I am glad that he has done so, and I add my voice to the essential nature of that. But I want briefly to go back to the need for wider participation in the work of the Electoral Commission. We are able to spend, periodically, a few minutes of question time on the Speaker’s Committee on the Electoral Commission, and good work is done through that mechanism, but it is perhaps somewhat indirect. It is important for the whole Chamber to be able to look at the important issues that sit behind our constitution and our electoral system.

I wish to move on to the contents of the strategy and policy statement. I am working in particular from the points that we see in paragraph 19, where it is emphasised that this regulator needs to work together with others to discharge its duties. I want to emphasise that in the context of the demands being made on regulators this year with regard to artificial intelligence. Members will be very well aware of that from the White Paper on regulating artificial intelligence, which was set out last year, and on which we are shortly to have an update from a different Department.

The key point is this: it is the world’s biggest election year. Billions of citizens will be going to the ballot box, including here. These elections will be the first to happen since the significant advances in AI. There are legitimate concerns, anxieties and, indeed, evidence from our security services, for us to ask whether this technology will be used for fabrication, for manipulation and to affect the integrity of elections. It goes without saying that the integrity of elections matters, so that people’s free choice achieves what they intend.

The Government have asked regulators across their fields to set out how they will work with artificial intelligence. Clearly, the Electoral Commission is one of those regulators—and somewhat in the hotseat in this regard. It is my view that, in respect of the grand concerns and anxieties, the Electoral Commission and connected enforcement agencies could helpfully set out the preparation that they have done and give reassurance publicly about their readiness for elections this year. With reference to the substance of today’s statement, I ask the Minister what discussions he has had with the Electoral Commission on its work with other regulators, for example as per paragraphs 19 and 20 of the statement, which talk about keeping up to date with the realities of campaigning activities—I think that is a good tone to take there. I also ask the Minister in what way he expects to keep the statement itself and future iterations of the statements updated in regards to technology and national security considerations where those might be relevant.

I agree with the Minister that we here are stewards of our democracy. I have been in his particular position before. I set out the approach that we ought always to strive for our elections to be secure, fair, modern, accessible and transparent. I also agree that this is some of the most important work that we can do. None the less, I conclude by saying gently that it is a legitimate function of Government to address themselves to these principles. That is what we need the Government and Parliament to do, because we are the custodians of law as well as of those principles. We did that with the Elections Act, and we did it prior to that with the Political Parties, Elections and Referendums Act 2000. We have also done it before then and since then, and we will continue to do so.

It is a legitimate function of Government to enact changes and updates to electoral law when they are asked to do so, perhaps through a manifesto commitment in a democratic process. We do that through Parliament, so it is good, as I have said, that we have this wider opportunity for Parliament to be able to engage in the work of the Electoral Commission while crucially respecting its design and independence, and I am glad that we are getting that chance to do so today.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the SNP spokesman.

Dissolution and Calling of Parliament Bill (Instruction)

Debate between Baroness Laing of Elderslie and Chloe Smith

Monday 13th September 2021 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The hon. Gentleman knows that this is a very narrow debate on the instruction. The Minister can of course speak about the content of the instruction on the matter of Prorogation, but not on the amendment itself.

[Chloe Smith]

rose—

Dissolution and Calling of Parliament Bill

Debate between Baroness Laing of Elderslie and Chloe Smith

Committee stage & 3rd reading
Monday 13th September 2021 Commons Chamber

[The Minister for the Constitution and Devolution (Chloe Smith)]

May I initially seek your guidance, Chairman? Would you like me to cover all the clause stand parts and to respond, as it were, in advance to amendments? Or would you like me to return to respond to hon. Members once they have spoken to their amendments?

[The Chairman]

That is a perfectly reasonable question from the Minister. As all matters are grouped in one group, she may, in her opening remarks, refer to all amendments and clauses standing part, but of course she will have an opportunity to answer points made by Members when they introduce their amendments and new clauses. Or should I say “he”—[Interruption.] I should say “they”, as the right hon. Member for Basingstoke (Mrs Miller) has a new clause as well. It is perfectly in order for the Minister to now address everything that is on the amendment paper.

[Chloe Smith]

Thank you very much indeed, Dame Eleanor. I shall endeavour to do that, and I hope you will bear with me while I ensure that I cover all that material.

Let me begin at the beginning, with clause 1. There is consensus throughout the House that the Fixed-term Parliaments Act 2011 has proven to be not fit for purpose and has been damaging to effective and accountable government. The experience of 2019 in particular showed us that the Act was flawed and ran counter to core constitutional principles, and was therefore damaging to the flexible functioning of our constitution. It was unique legislation and it did not work. We saw how, in 2017, a Government who commanded a majority in the House of Commons were able to call an early general election with ease, irrespective of the Act’s intentions.

The events of 2019 then demonstrated how the 2011 Act could obstruct democracy by making it harder to hold a necessary election. The Act’s prescriptive constraints, such as the threshold of a supermajority requirement for a general election and the statutory motions of no confidence, created an untenable situation in which the Government could neither pass vital legislation through Parliament nor call a new election. The result was parliamentary paralysis at a critical time for our Government. The introduction of bespoke primary legislation that circumvented the Act and let us hold a general election in 2019 was the final indictment of the Act.

The Bill therefore repeals the 2011 Act and returns us to the tried and tested system whereby Parliament will automatically dissolve after five years, if it has not been dissolved earlier by the sovereign exercising that prerogative power at the request of the Prime Minister. The key argument is that in doing so it will help to deliver increased legal, constitutional and political certainty around the process for the dissolving of Parliament. Clause 1 repeals the 2011 Act and in doing so delivers, as I have already mentioned, on both a Government manifesto commitment and a Labour manifesto commitment to do so. I therefore commend the clause to the Committee.

Clause 2 makes express provision to revive the prerogative powers that relate to the dissolution of Parliament and the calling of a new Parliament. That means that Parliament will, once more, be dissolved by the sovereign at the request of the Prime Minister. By doing this, the clause delivers on the Bill’s purpose, which is to reset the clock back to the pre-2011 position with as much clarity as possible. The clause is clear in its intention and in its effect. As the Joint Committee on the Fixed-term Parliaments Act put it, the drafting of clause 2 is

“sufficiently clear to give effect to the Government’s intention of returning to the constitutional position”

that existed prior to the passing of the 2011 Act.

Elections: May 2021

Debate between Baroness Laing of Elderslie and Chloe Smith

Wednesday 13th January 2021 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the Minister to answer, let me say that the hon. Lady took rather longer than the time allocated to her. I simply warn everyone taking part in the statement today that I will not allow long questions or speeches from people who are meant to be asking questions. I know that the Minister will give short answers. I am determined that in one hour, we will get all 25 people on the Order Paper in to ask their questions. If we do not, those who do not get to ask their question can blame those who took too long in asking theirs.

[Chloe Smith]

I will do my best to help you to get this moving as quickly as we would all like, Madam Deputy Speaker. First, on a personal note, may I thank the hon. Member for Lancaster and Fleetwood (Cat Smith) for her support? It is nice of her to say. I have been grateful for lots of support from across the House as I have treatment for breast cancer.

On the hon. Lady’s questions, however, I am afraid that she is wrong to take a party political position on this issue. The Labour party has perhaps been so busy telling itself a story that it has been spinning that it has not looked at how we can actually get it right. It is simply not the case that there has been no action. If she had listened to my opening statement, she would have heard that loud and clear. I absolutely agree that it needs to be done in good time, and it has been. As I have set out in the House, in parliamentary questions and in working with, for example, the election administration sector, there is a record of all the preparation that has been done and that is being taken careful account of ready for May.

The hon. Lady asked specifically whether there will be clear guidance. As I said, there will be. She rightly asked about staff, who are of course a concern. Naturally, we want to make sure that staff in any employment sector are protected in their workplace, as has been the case during the pandemic across the breadth of business sectors, public and private, up and down the land. That is being accounted for in the careful planning.

The hon. Lady also understandably asked about co-operation with the devolved Administrations, because elections are taking place in England, Scotland and Wales. Although it is naturally not my responsibility to answer for the polls in Wales and Scotland, I hope that a sensible position can be achieved that allows voters the clearest opportunity to go to the polls and, as I said, to hold those who have the privilege of governing them to account. That is important in these elections. It is my intention to carry on working in the collaborative way that I do with my counterparts in those Administrations to assist that happening across the Administrations wherever it is needed.

Finally—I will not dignify it with more of a response than this—the very idea that somebody would be forced to choose between their health and their vote is simply not an issue in this case. It degrades the debate we ought to be having about how to have sensible elections, and it undermines the sensible work that has gone on by those who are responsible for running elections across the country, to whom I pay tribute.

--- Later in debate ---

[Chloe Smith]

This is an excellent point on which to end the session. This is exactly the measure that I was referring to earlier that will complete the set of preparations to enable that to happen for anybody who might be affected by covid-19 in the few days before an election, when, traditionally, it would have been too late to apply for an absent vote. The details of this scheme will be coming to the House shortly. This also allows me to recap on the point that I have been making throughout this session, which is that to change the date of these elections at this stage would require primary legislation, which is a high bar and it is not something to be taken either lightly or quickly, and I know that the House will understand that. That is why we are keeping this point under review. Clearly, given the Prime Minister’s announcements of further national restrictions, circumstances have changed, but we are taking a careful review of the situation, being conscious of the timescales that would be required to make any changes were they strictly necessary. I also hope the House will have understood from my tone that we are all extremely keen to ensure that democracy goes ahead and does not suffer further delays. I look forward to bringing those other details to the House, as such scrutiny is important and hon. and right hon Members have a close interest, as we all should, in helping our residents be best informed about the choices in front of them.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I am delighted to note that we took exactly the right amount of allocated time for that statement. I am extremely grateful to all colleagues for their brief questions and, in particular, to the Minister for her brief and timely answers. I am sure that all colleagues join me in wishing her well and saying how good it is to see her looking so healthy and full of energy. We look forward to seeing her back here with us as soon as possible. [Hon. Members: “Hear, hear!”]

In order to allow the safe entry and exit of Members, Ministers and spokesmen, I will suspend the House for three minutes.

Parliamentary Constituencies Bill

Debate between Baroness Laing of Elderslie and Chloe Smith

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 14th July 2020 Commons Chamber

[Chloe Smith]

May I close this unusual contribution to the end of a Bill’s proceedings by also noting how wonderful the constituencies are of our Whips, those of my hon. Friend the Member for Macclesfield (David Rutley) and—this may take us to the end of the alphabet, although I am subject to challenge—the hon. Member for Wolverhampton. [Interruption.] Oh goodness me, I meant my hon. Friend the Member for Walsall North (Eddie Hughes). I have got it wrong and I am going to face retribution for that—there will be letters written about the difference between those places. With that, I think I can now give way to a Whip to conclude tonight’s proceedings.

[Madam Deputy Speaker]

I believe York Outer is the last one. Let me now put the Question.

Question put and agreed to.

Bill accordingly read the Third time and passed.