(3 months, 4 weeks ago)
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.
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.
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?
There is a crucial distinction that I am interested in with the hon. Member’s reflection on—
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.
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.
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.
(4 months, 2 weeks ago)
Public Bill Committees
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.
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.
(1 year, 2 months ago)
Public Bill Committees
Ellie Chowns
I rise, briefly, to support the substantive point about the necessity of public consultation on something as important as a spatial planning strategy. As new section 12H of the Planning and Compulsory Purchase Act 2004 is entitled “Consultation and representations”, it is disappointing that there is actually no provision for consultation. There is provision only for the consideration of notification, which is inadequate for strategies that will be as important as these. I urge the Minister to consider going away and aligning the text of his clause with the title of his clause.
When we were drafting amendment 78, we gave a good deal of consideration to the direction of travel set out by the Government. The concerns that underlay the drafting were reinforced in the evidence sessions, where the Committee heard from a cross-party panel of local government leaders that the consultation process in planning was an opportunity to get things right, and for a public conversation about the impact of any proposed development, large or small, in order to forestall, through the planning process, objections that might later arise, by designing a development that would meet those concerns.
We have heard today a number of examples from Members that fall within that category. We have heard cross-party concerns about the impact on chalk streams, where consultation would allow effective parties with an interest to bring forward their views—for example, on the impact of run-off. A developer would therefore have the opportunity to build those concerns into the design of their proposed scheme to mitigate the impact and address the concerns.
We heard about the impact of air pollution on asthmatics—including, for the record, me. If a developer says they are planning to use biomass or wood burning as the heat source for a development, and the stoves are on the DEFRA exempt list—that is, if the Government consider that they produce little or no environmental pollution—that might be acceptable to people with that concern. However, if it will simply be up to the developer to install whatever they wish, that will have a significant negative impact and there is no opportunity for mitigation. The consultation is therefore critical.
There is a direction of travel: it feels very much that the Government’s view is that consultation and democracy are a hindrance to getting new units built. It is very clear from the views expressed by many Members—from all parties, in fairness, but certainly in the Opposition amendments that have been put forward—that we are keen to retain a sufficient element of local democracy and local voice to ensure that the kinds of concerns I have described are properly addressed. I invite the Minister to consider accepting the amendment, which would not in any way derail the intentions that he sets out in the Bill, but would achieve the opportunity for consultation, which is critical.
I take on board the strength of feeling that has been expressed. As with all the debates we are having, I will reflect on the arguments that hon. Members have made. However, we do not think the amendments are necessary. As I have sought to reassure the Committee on previous occasions, each SDS will have to undergo public consultation and then be examined by a planning inspector. Once a draft SDS is published, it is open for anyone to make representations about that SDS. For those reasons, I hope that, in dealing with the specific amendments, I can reassure the Committee that they are unnecessary.
Turning first to amendment 78—