FCDO Staffing

Fleur Anderson Excerpts

Thursday 16th December 2021 Commons Chamber

[James Cleverly]

I remind the hon. Gentleman and the House that we have gone through an unprecedented financial contraction because of covid. The British Council, which derives a significant proportion of its income from tuition, has been hit because of the difficulty in providing tuition in the era of covid, but it has done genuinely fantastic work using technology to continue to provide those services. The Foreign Secretary and I recently had a meeting with the senior leadership of the British Council to discuss what we could do to protect the things that we value highly in terms of its delivery of soft power, to ensure that it not only survives but thrives, once we are able to get past this covid situation.

[Fleur Anderson (Putney) (Lab)]

I congratulate the hon. Member for Tonbridge and Malling (Tom Tugendhat) on securing this urgent question. I am not reassured at all by the Minister’s statement. I have seen the email to the FCDO staff. It says, “We are planning on the basis of just under 10% reduction in our overall workforce size by March 2025”. So is that actually a 9.9% reduction, or something else slightly different from 10%? The Minister was careful to say that there would be no 10% reduction, but will it be a figure that is close to 10%, but not 10%? The aid cuts are a disgrace, and it is easy to spend that money on big multilateral programmes, on the World Bank and on the United Nations, but not on those local projects on the ground that the former DFID staff are so good at supporting and that result in real poverty reduction and real peace building on the ground. Can the Minister reassure the House that the cut will not be anywhere near 10%, and that local staff who know the projects on the ground and who can really effect poverty reduction will not be cut?

[James Cleverly]

I remind the hon. Lady and the House that there is a difference between the figure that is used internally by officials for planning purposes and decisions that are made by Ministers. The decision around these issues will be made by Ministers. The Prime Minister, the Foreign Secretary and I have made it clear that that figure is not a ministerial figure. With regard to the balance between multilateral and bilateral, the hon. Lady makes an important point. We very much value the work that is done bilaterally in the sometimes small but incredibly highly effective projects that are delivered by the British Government underneath the British flag to some of the most poor and dispossessed people in the world, and that will remain a priority for this Government.

Bosnia and Herzegovina: Stability and Peace

Fleur Anderson Excerpts

Thursday 2nd December 2021 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I thank the hon. Members for Rutland and Melton (Alicia Kearns) and for Glasgow South (Stewart Malcolm McDonald) and my hon. Friend the Member for Rotherham (Sarah Champion) for securing this important debate, which is very close to my heart. We have had an excellent debate this afternoon. The House should be united on this issue, and I think it is. This debate has shown our close links with Bosnia and Herzegovina and, without a doubt, it has shown the urgent need for action. I am delighted to have seen the Minister in her place throughout the debate, listening carefully.

I declare my interest as co-chair of the all-party parliamentary group on prevention of genocide and crimes against humanity and vice-chair of the all-party parliamentary group on Bosnia and Herzegovina. I was a humanitarian aid worker during the war, living in Serbia and Bosnia, and four years later I returned with my small family to head Christian Aid’s Bosnia office, rebuilding villages in north-west Bosnia and supporting the return of refugees.

I saw how a country that seemed to be peaceful and communities that seemed to be ethnically diverse and happily co-existent could slide into conflict, and I saw how devastating that is for everyone. I lived in communities and spoke to the relatives of elderly people who fled with an hour or two’s notice and never returned to their home. They died, devastated, in another part of the country. I spoke to people whose education and dreams for the future were shattered, whose families were separated and whose husbands were killed. The country suffers that deep trauma still.

I will never forget standing in a village with some returning refugees when my translator froze in terror as he recognised the voice of someone who had been a sniper, firing into the town night after night, during the siege of Bihać. Despite those deep traumas and differences, I pay tribute to everyone in Bosnia who has worked hard to rebuild their beautiful country and who looked atrocities and killing in the face and did not let it define their community forever—to everyone who has consistently chosen peace over hate for many years.

This month is the 26th anniversary of the Dayton agreement, to which the UK is a signatory. We need to reassert our support for the agreement and for the integrity of the national borders of Bosnia and Herzegovina. The trigger for the current crisis has been genocide denial. We stand together to condemn that genocide denial and the rise of divisive identity-based politics. The UK and international response to the increasingly divisive politics of the leader of Republika Srpska, Milorad Dodik, has been quiet for too long, but I sense a turning of that tide, and I hope this debate will hasten it.

We must learn from what happened in the 1990s and in Srebrenica. When we say “never again,” we must mean it. A return to violence in Bosnia is not inevitable, and I will focus on two things. First, civil society has an important role. We have talked about troops on the ground, which I hope not to see. If we work well with civil society now, we can stop it.

We have learned lessons about peacebuilding in Northern Ireland, and that peace was built not just through diplomatic agreements or military action but through community groups, brave individuals, women’s groups, teachers and young people. It was supported by other countries, too. For example, a stream of parliamentarians from South Africa repeatedly went to Northern Ireland and lent influential encouragement and expertise during the peace process. Let us learn from that.

[Sir Bernard Jenkin]

I emphasise the hon. Lady’s point about the role of women and the empowerment of women in conflict prevention, which has also been raised by my hon. Friends the Members for Rutland and Melton (Alicia Kearns) and for Meon Valley (Mrs Drummond). The women’s peace movement in Northern Ireland was instrumental in helping to end that conflict, and men should be supporting women’s peace movements.

[Fleur Anderson]

I absolutely agree. There are voices of peace, especially women’s voices, within Republika Srpska, but it is not easy to work with them. Earlier we heard from the High Representative that it is difficult to be in civil society, to be those voices and to be those women who speak out. We need to seek out those groups and find where they are. I have been asking about this for quite a long time, and I do not know the groups with which we should be working. We in the UK face a challenge in what we can do not only to prevent genocide and conflict now—that is clearly value for money—but to build a lasting peace for the future. That has to be done in conjunction with civil society.

Secondly, we need an atrocity prevention strategy. The United States has one. The Elie Wiesel Genocide and Atrocity Prevention Act 2018 commits the US Government to pursuing a Government-wide strategy to identify, prevent and respond to atrocity risk. We need that across all the countries in which we work, but we need it in Bosnia right now. Such a strategy would include improved communication between desk officers and London and proper training on spotting the signs early and on what to do, and it would put in place a better early warning system to spot the signs of genocide. According to the UN framework, we can see 21 of 80 warning signs right now. What is happening in other countries? Do we spot them? Are we ready? Without a genocide prevention strategy across all our work, we will not be ready in Bosnia or elsewhere.

Finally, what can the UK do now? I echo many earlier points. I welcome today’s announcement of a special envoy to the Balkans. Will the Minister join me in condemning genocide denial and remembering the 8,000 people who died in the Srebrenica genocide? Will she work with the US, NATO and the EU to impose sanctions on countries that undermine the Dayton peace agreement and to assert the territorial integrity of Bosnia and Herzegovina? Will she provide unequivocal support for the UN High Representative, Christian Schmidt? And will she look into the peacebuilding and civil society support we need to give to groups, communities and individuals in Republika Srpska now?

A co-ordinated, coherent and well-implemented atrocity prevention strategy can save countless lives, stop the need for military intervention and complement diplomatic support.

[Bob Stewart]

I speak as someone who was very close to an atrocity. I love the idea of an atrocity prevention strategy but, when it happened within three miles of my camp, I knew nothing about it until it happened. There were no indications whatever. It went bang and 100 people were dead.

[Fleur Anderson]

Atrocities and crimes against humanity happen in different ways in different countries, but the experience from many other countries and other conflicts around the world shows—not always but in many cases—that there are indicators that can be spotted and acted upon before there are military personnel on the ground.

I take the right hon. Gentleman’s comments, and I understand there is some scepticism among Conservative Members about an atrocity prevention strategy, but I urge them to look to the experience of its implementation in America and in many African countries. A co-ordinated atrocity prevention strategy can stop history repeating itself. It needs to start with Bosnia, and it needs to start today.

Oral Answers to Questions

Fleur Anderson Excerpts

Tuesday 30th November 2021 Commons Chamber

[Amanda Milling]

Officials are in regular contact with host Governments in order to understand their requirements and update FCDO travel advice, so travellers should always consult that advice for the latest covid-19 restrictions. Covid certification is a devolved competency; Welsh residents can use the NHS covid pass to evidence their vaccine status but cannot use it to evidence proof of recovery.

[Fleur Anderson (Putney) (Lab)]

On genocide, when we say, “Never again”, we must mean it. Will the Minister commit to introducing an atrocity-prevention strategy for every country—the countries-at-risk-of-instability process just does not go far enough—and specifically to support civil society peacebuilding in Republika Srpska to prevent future conflict and atrocities in Bosnia?

Ethiopia, Sudan and Tigray: Humanitarian Situation

Fleur Anderson Excerpts

Wednesday 3rd November 2021 Westminster Hall

[Fleur Anderson (Putney) (Lab)]

It is a pleasure to serve under your chairship, Ms Bardell, and to follow the hon. Member for Glasgow North (Patrick Grady). I am very grateful to my right hon. Friend the Member for Islington North (Jeremy Corbyn) for securing this debate. It was only a couple of months ago that we last talked about this region and it is timely to talk about it again. Every day the news is getting worse, and the situation is extremely worrying. We need to give as much airtime as possible to what is happening in the region, because it is truly shocking.

I agree with the hon. Member for Glasgow North that Ethiopia is a beautiful country. I have been to Addis Ababa and enjoyed great hospitality there. While it is already a beautiful country, it also has potential. We want it to have a better future—that is our hope for the people of Ethiopia, Tigray and Sudan.

I speak as a member of the all-party parliamentary groups on Ethiopia and Djibouti and on Sudan and South Sudan, and I am also chair of the APPG on the prevention of genocide and crimes against humanity. I am delighted that there have been two advertisements for our meeting tomorrow, at which Alice Wairimu Nderitu, the UN special adviser on the prevention of genocide, will speak. What she will have to say will be very pertinent to the current situation.

The eyes of the world are not on Ethiopia, Tigray and Sudan, but they should be. It is an important time to put on the record what is happening right now, and to hear from the Minister what the Government are doing about it. I welcome her to her new role and look forward to hearing about the meetings she has been holding and what has resulted from them; what visits she has planned to the region and what she hopes to get out of them; and her plans for aid. We have been talking about aid cuts and the false economy they create. There are different decisions to be made about aid to the region.

As a country, we were so proud at the time of Live Aid to stand up together to support the people of Ethiopia in their time of crisis. We want to do the same again. We want to know what is happening in the region, with which we have a great bond. Like other Members, I have constituents with family members in the region. On Monday I spoke to a Tigrayan constituent who is very concerned about her family. She has not been able to hear any news for so long because of the blackout, which must be very worrying. As we stand here today, we know that many people in this country are concerned about their relatives in the region.

The UN Secretary-General has said of Tigray:

“A humanitarian catastrophe is unfolding before our eyes.”

It could be argued that the previous Foreign Secretary took his eye off Afghanistan, but I hope to hear from the Minister today that that is not the case with Tigray. More than 5 million people in Tigray require immediate humanitarian assistance. At least 54 organisations are providing aid and services. I join other Members in paying tribute to the brave humanitarian workers on the ground right now, in very difficult circumstances, at great risk to themselves.

However, there are significant gaps in assistance, which disproportionately affect Ethiopian women and girls. I echo what we have heard in today’s debate: it is women and girls who are disproportionately the victims of war. Rape is being used as a weapon of war and we need to know more about that. They have virtually no access to livelihoods, often living in insecure environments.

We are also witnessing a refugee crisis because of the violence. In December 2020, the United Nations High Commissioner for Refugees reported that 46,000 Ethiopian refugees had arrived in Sudan since the start of November and they were continuing to arrive in their hundreds. It is hard to imagine what that is like. If we could see it more clearly, if we knew more about the situation, I am sure there would be more demand for more action to be taken.

The numbers are now estimated to be more than 60,000, including Eritrean refugees. More worrying still, a famine is looming. According to the Tigray external affairs office, 150 people died of hunger in August. The UN believes that around 400,000 people are facing famine-like conditions. Millions are also on the brink of hunger in the Afar and Amhara regions, which share a border with Tigray. UNICEF recently alerted that more than 100,000 children in Tigray could suffer from life-threatening severe acute malnutrition in the next 12 months, which will affect them for the rest of their lives. That constitutes a tenfold increase to the annual average.

Deaths are also occurring due to sickness that could previously have been treated or prevented. Prior to retreating, Eritrean forces had looted Tigrayan infrastructure extensively and destroyed clinics, equipment, medicines and medical records, putting years of development back instead of forward. In March, Médecins Sans Frontières reported that 70% of the 106 medical facilities that its teams had been allowed to visit had been looted and only 13% of them were functioning fully, undermining medical treatment for those in need. That is truly frightening and it is happening on our watch.

As mentioned earlier, Michelle Bachelet, the UN High Commissioner for Human Rights, reported that

“all parties to the conflict in Tigray have…committed violations of international human rights…and refugee law, some of which may amount to war crimes and crimes against humanity.”

Those crimes need to be investigated. We need to know we have the strong evidence to bring to justice those who are committing these crimes. We cannot let this go untried. The justice we need means that we need to get the evidence, so independent investigators need to be there on the ground.

Turning to Sudan, I am distressed at the graphic reports of the use of excessive and lethal force against protestors, the arbitrary detentions, their enforced disappearance and torture, and other forms of ill treatment. Those patterns of violations are consistent with Sudan’s long and extensively documented history of abuses against protestors, human rights defenders and perceived political opponents. Sudanese forces have regularly used excessive force, including beatings, tear gas, rubber bullets and live ammunition against protestors, including during the transitional period.

When the new country of South Sudan was formed, the world cheered. It was exciting to have a new country with a proud future looking forward to peace. That long conflict had been put to one side; the peace process had won out. I want to put on the record that it had been led by a lot of local women, who were successful in winning that peace. The joy at which South Sudan was welcomed was amazing to see, but it is so disheartening and worrying that the instability in the region is now threatening that peace.

I want to hear from the Minister that the UK is stepping up and leading on Sudan. The Government need unequivocally to call on the Sudanese military to immediately end the arbitrary detention of all detained political leaders, journalists and human rights activists, and refrain from torture and other forms of violence against protestors; to impose targeted sanctions on those responsible for the coup and for ongoing human rights violations; and to demonstrate global leadership at a special session of the UN Human Rights Council by calling for an independent UN fact-finding mission on Sudan.

As I have made clear time and again in this House, the Foreign Secretary and the Minister need to have their eyes firmly fixed on what is unfolding in Ethiopia and Tigray. In particular, I call on the Minister urgently to consider the imposition of sanctions on the leaders of Ethiopia and Eritrea, who bear ultimate responsibility for human rights violations committed with impunity by their respective armed forces. No one come out well form this conflict. Atrocities are definitely being committed by both sides—I want to be clear about that—and we need to make sure that their leaders are investigated and stand trial.

We need to lead international efforts, including at the UN Security Council, to ensure an immediate cessation of hostilities, the complete departure of Eritrean forces, and unimpeded access to Tigray for local and international aid agencies—those lorries must get through.

As was said earlier, we need an atrocity prevention strategy at the heart of our funding for those countries. We need to stop the aid cuts. What meetings has the Minister had with civil society groups working in the region, the African Union and leaders in Sudan, Tigray and Ethiopia? Finally, I urge the UN Human Rights Council to mandate a truly independent inquiry into alleged human rights violations in Tigray and to secure justice.

I thank my right hon. Friend the Member for Islington North again for securing this debate. I pledge to do all I can to keep what is happening in Ethiopia, Sudan and Tigray on the global agenda. Millions are suffering. We cannot forget them. We must act now.

[Hannah Bardell (in the Chair)]

I thank Members for being so succinct. I am conscious that the temperature has dropped further, so if Members or staff need to don further layers, they have my support. I call the first of our Front-Bench speakers, the Scottish National party spokesperson Brendan O’Hara.

--- Later in debate ---

[Vicky Ford]

I will not take interventions until I clear a few more important lines.

The hon. Member for Glasgow North (Patrick Grady) mentioned our commitment to long-term projects in Africa. This week, right at the outset of COP26, the UK demonstrated our long-term commitment to the continent. We have mobilised international support and finance from donor countries to protect the Congo basin. I remind the hon. Member that many parts of the Congo basin have long suffered from conflict. We are committing new funding to support African countries in rolling out critical projects to adapt to climate change, and in partnership with South Africa, the USA, the EU, Germany and France we announced the ambitious Just Energy Transaction, which is mobilising $8.5 billion to support decarbonisation efforts in South Africa—a big project for South Africa’s stability and the future of our planet.

The hon. Member for Birmingham, Edgbaston (Preet Kaur Gill) mentioned prioritising humanitarian aid. As a result of last week’s Budget, we were pleased to announce that we will be increasing our funding for our highest priorities, including using more bilateral investment. That means spending aid money directly on our priorities, including lifesaving humanitarian aid, and especially prioritising the UK’s world-class organisations and our own frontline work. That is absolutely a focus for the Foreign Secretary.

On 16 October, the Foreign Secretary and I announced a further £29 million of humanitarian aid for northern Ethiopia, taking our commitment to more than £76 million. The UK is the second-largest donor there, and our finances provided water, healthcare and nutrition to hundreds of thousands of people facing famine. It is truly heartbreaking to see the continuation of this terrible conflict, which is also pulling resources away from the long-term development areas that Ethiopia had started to make such impressive progress in.

[Fleur Anderson]

rose—

[Vicky Ford]

I really want to get my important statements out. I will come back to the hon. Lady at the end.

As many hon. Members have mentioned, the conflict has been marked by intolerable levels of sexual violence. They are appalling, and we are appalled and outraged at them. The UK is delivering essential services to survivors of sexual violence and to those at risk of sexual violence in northern Ethiopia. Our programmes provide individuals with critical support and care, including support for emergency mental health services. However, without sustained humanitarian access, these vital programmes for those horrifically abused women and for women at risk of abuse cannot be delivered.

We have strongly supported the joint investigation by the United Nations High Commissioner for Human Rights and the Ethiopian Human Rights Commission. Their report was published just a couple of hours ago; we are studying it carefully and will push for justice and accountability as the situation demands.

All sides must protect civilians and put humanitarian needs first. That means prioritising negotiations over military activities. I call again on all parties to allow humanitarian supplies to flow. Without that, we fear that many thousands of people will die. When the UK ambassador spoke to Deputy Prime Minister Demeke and Prime Minister Abiy in recent days, he made it clear that we must see an immediate improvement in humanitarian access and meaningful engagement in peace efforts. The expansion of hostilities by the TPLF and now the Oromo Liberation Army are displacing hundreds of thousands more people and further destabilising the country.

I call on all parties, in particular the TPLF, the Government of Ethiopia and the Oromo Liberation Army to stop fighting. The continued advance of TPLF and OLA forces must stop. They should not enter Addis Ababa.

[Fleur Anderson]

I want to ask the Minister about the Sudanese aid funding. The Department for International Development was a long-term investor in the Sudanese peacebuilding process. That funding was entirely cut. Will she look into that cut and commit to returning to funding peacebuilding in Sudan, given what has happened recently?

[Hannah Bardell (in the Chair)]

Briefly, Minister, so that the right hon. Member for Islington North (Jeremy Corbyn) has an opportunity to sum up.

Elections Bill (Eleventh sitting)

Fleur Anderson Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Kemi Badenoch]

Clause 22 restricts all third party campaigner spending during a regulated period to entities eligible to register with the Electoral Commission, as listed in section 88 of the Political Parties, Elections and Referendums Act 2000, and to overseas unincorporated associations with the requisite UK connection.

Currently, foreign third party campaigners can legitimately spend on UK elections underneath the recognised third party campaigner registration thresholds, which are £20,000 during a regulated period in England, and £10,000 in Scotland, Wales and Northern Ireland. This activity becomes illegal only once the thresholds are passed. It is important that only those with a legitimate and fair interest in UK elections are able to influence the electorate.

Clause 22 will remove the scope for any legal spending by foreign third party campaigners underneath the registration threshold but above a £700 de minimis. The inclusion of such a de minimis provision will balance the desire to prohibit spending by foreign entities without criminalising low level, potentially unintentional breaches below £700, which are unlikely to adversely impact an election.

It is worth noting that only individual overseas electors are permitted to register as third party campaigners with the Electoral Commission. In order to support overseas electors, who are important participants in our democracy, to work together, the clause will permit them to form unincorporated associations to campaign if they spend below the new lower tier registration threshold of £10,000, set out in clause 24. That is in line with the current situation, and it is only right that such electors should be able to spend in UK elections as they can now. Under our proposals, unincorporated associations will meet the “requisite UK connection” requirement to incur spending in UK elections only if they are composed solely of registered overseas electors.

To conclude, these provisions make necessary and proportionate changes to ensure that spending at UK elections is only permitted, above a £700 de minimis, for those with a legitimate interest in UK elections. They help reduce the risk of illegitimate foreign influence in UK elections.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Clause 23

Third parties capable of giving notification for purposes of Part 6 of PPERA

[Fleur Anderson (Putney) (Lab)]

I beg to move amendment 71, in clause 23, page 33, leave out lines 6 to 10.

This amendment would leave out the powers for ministers to remove categories of permitted campaigner while leaving in place their power to add new categories of campaigner.

[The Chair]

With this it will be convenient to discuss amendment 72, in clause 23, page 33, line 10, at end insert—

“(11) The power to make provision by virtue of paragraph (9)(b) or (c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission.”

This amendment would require the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigner.

[Fleur Anderson]

It is a pleasure to serve under your chairship, Mr Pritchard.

Part 4 and its provisions are a brazen attack on our democracy. They will undermine the ability of civil society organisations, charities and trade unions to engage and campaign in our democracy—that is why they are so controversial. We need to spend additional time considering them, and I hope that all Committee members will take up our amendments, which are reasonable, represent an improvement and come very much from civil society.

The provisions in question will infringe the rights of working people to organise politically or campaign on pay or rights at work, and they risk silencing the very people who got our country through the pandemic. They are an unnecessary and disproportionate reaction. They will not add to the integrity of our elections, but only have a chilling effect on democracy.

In a free and open society, democratically elected Governments are scrutinised by Opposition parties and civil society, often campaigning on single issues. Part of what makes democracy healthy is the freedom for civil society to challenge those in power, which the Government are seeking to curtail with the clause and which we seek to amend with amendments 71 and 72.

The clause will allow a Cabinet Office Minister to define who may legally campaign at elections, giving them the power to amend or remove the types of organisations that are allowed to spend as little as £700 on election campaigning across the whole UK. It also doubles as the list of organisations that are allowed to register with the Electoral Commission and spend more than £10,000 at elections. The Minister may now be able to ban charities that are critical of Government cuts to foreign aid, ban local community groups protesting against planning reforms, ban unions that might work with a political party for workplace rights, and ban anyone convicted of a public order offence. In conjunction with the Police, Crime, Sentencing and Courts Bill, which makes it much easier to criminalise protesters—even a protest involving one person—this would disproportionately impact on the Government’s most vocal and active opposition, who may have already been criminalised for protesting. That is a terrifying prospect and, as far as I can see, quite unprecedented.

The Bill is not about influence. It is a way for the Government to stifle their critics before elections and cripple them during elections. Giving the Government such power over their opposition during elections is completely at odds with free and fair elections. It is deeply inappropriate and offensive to our democratic tradition. Unions and other campaign organisations have a right to engage in our democracy and already face a highly regulated landscape, which is why the clause is unnecessary.

[Patrick Grady (Glasgow North) (SNP)]

The hon. Lady says this is the Government stifling their opposition. Actually, civil society, trade unions and charitable organisations are all our opposition, because they put equal pressure on all candidates and parties that stand in an election, as they want to achieve policy change. Obviously, some organisations are more closely affiliated with political parties than others are, but many of them are party-neutral in that sense, because they want to drive a policy change rather than see one party be successful in any given constituency or general election.

[Fleur Anderson]

I absolutely agree with the hon. Gentleman. It is a range of political opinions and opinions about different issues that are not necessarily the main bread and butter of political parties, but which are so vital, especially in an election time, when we are talking about the future of such a wide range of policy decisions that are about to be made on behalf of the electorate. Unless we accept the amendment, we face the risk of some groups, individuals, community organisations and single-issue campaigns being unnecessarily banned from taking part in the electoral process. There will be scandals ahead unless we accept the amendment.

Labour’s amendments 71 and 72 seek to temper the clause. Amendment 71 will delete the unprecedented and dangerous powers to remove categories of permitted campaigners while respecting the Government’s stated intention to future-proof electoral law by allowing the addition of novel categories of campaigner. It is flexible and can still respond to new issues and campaigns as we go forward, but it does not have the draconian and heavy-handed influence of only the Minister choosing who is on the list. Amendment 72 requires the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigner, and I hope all Members will agree that it is a very reasonable amendment.

Both amendments are necessary to prevent a Minister from having the unprecedented ability to interfere in a free and fair election. They also have significant civil society support, including from Bond—British Overseas NGOs for Development—which represents over 400 organisations, ranging from small specialist charities to large, international non-governmental organisations. It has many supporters in all our constituencies, with a worldwide presence, and believes that:

“This is an extremely broad power which could be open to abuse by future governments.”

I would add that it could be open to abuse by the current Government. Bond has urged that it be amended, and so do I.

--- Later in debate ---

[Kemi Badenoch]

Clause 23 builds directly on the requirements put in place by clause 22. As I have mentioned, the aim of clause 22 is to remove the scope for foreign entities to spend above a £700 de minimis amount during the regulated period running up to an election by restricting all third party campaigner spending at that time to spending by entities that are eligible to register with the Electoral Commission, as in section 88 of PPERA.

However, we are conscious that legitimate categories of third party that are not on the list of categories of campaigners may emerge in future, and clause 22 would significantly restrict their ability to campaign if they could not be added to the list quickly. For that reason, clause 23 makes provision for the amendment of the list of eligible categories of third party campaigners in PPERA. It will allow the Government to add to, remove items from, or otherwise amend the list of categories of third party campaigners as necessary. Any such changes will be subject to parliamentary scrutiny via the affirmative procedure. These provisions will ensure that we can be responsive to the emergence of new groups, and that eligible categories of third party are not unduly restricted from campaigning and participating in our democracy in future. I therefore urge the Committee to allow the clause to stand part of the Bill.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Clause 24

Recognised third parties: changes to existing limits etc

[Fleur Anderson]

I beg to move amendment 76, in clause 24, page 33, line 23, at end insert—

“(5C) Registered charities and Community Interest Companies may act as a recognised third party subject to the lower-tier expenditure limits without the requirement to give the Electoral Commission notification under section 88 of PPERA.”

This amendment would exempt registered charities and Community Interest Companies from the notification and registration requirements of Clause 24, which introduces a new lower tier registration for third party campaigners who spend more than £10,000 on controlled expenditure anywhere in the UK.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 77, in clause 24, page 33, line 23, at end insert—

“(5C) Registered charities and Community Interest Companies (CICs) which intend to incur election expenditure within the lower-tier expenditure limits may provide the Electoral Commission with their charity or CIC registration number, and the Commission—

(a) shall treat that information as sufficient for the charity’s or CIC’s notification and registration for electoral purposes under section 88 of PPERA, and

(b) may collect any information the Commission requires about the charity or CIC from the Charities Commission or Companies House respectively.”

This amendment seeks allow charities or Community Interest Companies who wish to campaign at elections within the lower tier of expenditure and which are already subject to transparency requirements to avoid the additional compliance burden arising from Clause 24.

Amendment 90, in clause 24, page 34, line 22, at end insert—

“except where the third party is a charity which is registered with the Charity Commission of England and Wales under section 30(1) of the Charities Act 2011 or is exempt from registration under section 30(2)(a), (b) or (c) of the Charities Act 2011 or is registered as a community interest company under section 36B of the Companies (Audit, Investigations and Community Enterprise) Act 2004;”.

--- Later in debate ---

[Fleur Anderson]

I am pleased to speak to amendments 76 and 77, which would significantly improve the Bill. Amendment 76 would exempt registered charities and community interest companies, or CICs, from the notification and registration requirements of clause 24, which introduces a new, lower-tier registration for third party campaigners who spend more than £10,000 on controlled expenditure anywhere in the UK. Our amendment 77 seeks to allow charities or CICs that wish to campaign at elections within the lower tier of expenditure, and that are already subject to transparency requirements, to avoid the additional compliance burden arising from clause 24.

The Electoral Commission says on part 4:

“Some of the changes in Part 4 of the Bill would increase transparency for voters about who is spending money campaigning at elections and how they are funded.”

So far, so good. It goes on:

“But they would not increase transparency about how much is being spent and on what. The added complexity of these changes could deter some from campaigning at elections, or restrict the type of campaigning they can spend funds on. Voters could therefore receive less information about candidates and parties, and hear from a narrower range of sources.”

The Electoral Commission continues:

“Third party campaigners are individuals and organisations that campaign in the run-up to elections but do not stand as political parties or candidates. These are a vital part of a healthy democracy and play a significant role in providing voters with information. It is important that a broad range of campaigners can take part in public debate ahead of UK elections and referendums so voters hear a diversity of voices.”

The commission states:

“These changes would add new requirements to laws which many campaigners have said are already complex and hard to understand.”

Again, these changes are unnecessary and will have a chilling effect on democracy, and especially on registered charities and CICs. That is why they are the focus of our amendments. The Bill risks tying organisations up in red tape and stifling democratic engagement by civil society organisations, which are concerned about breaking the rules.

I was working in a charity when the gagging, or lobbying, Act—the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 —was introduced. I very often found myself sitting around with my colleagues asking, “Can we now do this? Can we now say that? Can we now work with them? What can we do?”. Our charity did not have enough money to seek a large amount of legal advice. The law was also quite unclear, so to avoid falling foul of it, we would step back and not do many things that would have been perfectly within the law, which had been changed, just in case they were not.

The provisions we are discussing extend those powers. Indeed, I see this as a trilogy, comprising the lobbying Act, the Trade Union Act 2016 and this Bill, which altogether stifle democracy and free speech, and stop really valuable campaigners campaigning about issues that we politicians need to hear about.

I spoke to the National Council for Voluntary Organisations, which is concerned about this issue. It said that it was unconvinced by the argument in favour of the lower threshold in general terms. Has the Minister met the NCVO to discuss its concerns? The Government have framed the issue in terms of increased transparency, but it was not clear to the NCVO, which represents charities across the country, that there would have been a significant impact. It cannot see that there will be more transparency.

The NCVO asked the Minister’s predecessor to look at whether charities could be exempted from the lower threshold. Its argument is that when campaigning is done by a registered charity, people can in any case look it up on the register and see who its trustees are, how it is funded and so on. The transparency point therefore does not apply in the same way, because charities are already transparent and highly regulated. This new tier will inevitably result in smaller organisations being unable to engage in democracy. Charities and community groups that might not have the policy and legal expertise of larger organisations and that, as I have said, will fear running afoul of the rules may decide—in fact, will decide—that it is not worth the trouble to spend a relatively small sum, or they might be put off by appearing on a public register.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

The hon. Lady is obviously making a powerful speech, but the primary purpose of charities, which we give tax relief to, should surely be supporting good causes, not campaigning in elections.

[Fleur Anderson]

In many respects, supporting good causes is done by campaigning. For many charities, the causes of the symptoms they are seeking to address will be back in Government policy. The policies that we decide all the time obviously have an immediate impact on people on the ground. Charities work with those people and need to change the policies to change the issue they are addressing.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Does the hon. Lady agree that charities by their nature have expertise and understanding—for example, of homelessness, third-world debt, climate change, or whatever—that we in this House have to learn from? The idea that they should be restricted simply to raising funds to alleviate an issue, rather than trying to engage and inform the debate, is simply preposterous.

[Fleur Anderson]

I absolutely agree. For example, during this Bill Committee, we have relied on expert advice from the Royal National Institute of Blind People about the impact of these changes on people who are blind or partially sighted across this country. As the representative organisation of those people, who will be affected by the Bill in how they vote, the RNIB should be giving us expert advice. In the future, having to work out how much money it has spent jointly and severally with other organisations, which tier it falls into and whether it will get on to the list will all have an effect on whether or not we receive that expertise, which helps us to be much better decision makers.

When we consider that the Conservative party spent £16 million in the last general election, we see that lowering the spending threshold for groups to register during an election from £20,000 to £10,000 is clearly aimed at deterring smaller organisations, community groups and single-issue groups, which the hon. Member for Argyll and Bute mentioned, such as groups concerned with refugees, disability rights, women’s rights and LGBTQ issues. Community groups campaigning on a single issue in our constituencies may fear running afoul of changing election rules, which will have that chilling effect.

I ask the Minister whether there will be a review of the impact of the lobbying Act as we go forward with the Elections Bill, because I think that they go together. To know what impact the lobbying Act has had on campaigning will be very instructive. Perhaps there has been such a review already, and I did not know about it. If not, will there be a review of the impact of that Act and this legislation on campaigning, particularly single-issue campaigning?

If existing party activity is redefined as joint campaigning, smaller unions that spend only very small amounts on regulated activity and do not come close to meeting the threshold for registering with the Electoral Commission could find themselves having to register and submit a complex and comprehensive return, despite having not spent any of their own funds on a campaign. Should not they be spending their money on frontline service provision and advocacy, rather than filling in complex and comprehensive returns that do not add to transparency but only decrease our democracy? This will be a huge bureaucratic burden on small organisations; it is both completely unnecessary and overly burdensome.

Labour’s amendment 76 seeks to reduce the chilling effect and remove the burdens of additional regulation by exempting registered charities and community interest companies from the notification and registration requirements. In the community organisation that I worked for just before I became an MP, there was a fantastic organisation called SEN Talk—special educational needs talk.

For years, I supported it in becoming a CIC. It is a long process. The organisation had to go through a lot of measures and have a lot of transparency. It was doing a lot of frontline work with parents and children with special educational needs, but also it was advocating to the council for the changes that it needed in order to operate on behalf of parents, and to the Government, and working on Select Committee reports, for example. If that organisation were asked to then submit returns but did not know exactly when the election period was and feared falling afoul of this, it would have to cut down on its frontline services or not take part in the advocacy that really does help it to stand up for children with special educational needs. It would put that organisation in a real bind, and it is just one example.

This proposal has also, as I have mentioned, been called for by Bond—the overseas aid network—and several other third-sector organisations. Setting up a registered charity takes considerable time and effort, and these entities must already, by law, identify their trustees—or, in the case of CICs, their directors—and publish their accounts. There are already robust transparency initiatives regulating charity governance, so it is highly unlikely that those seeking to exert undue influence in elections would pursue this approach as a means of evading regulation. I would like to know how many conversations the Minister has had with CICs, in particular, about the effect of the Bill.

Registered charities cannot exist for solely political purposes, and charities that do engage in political activity in pursuit of their charitable objects are already closely monitored by the Charity Commission. These organisations would still have to register with the Electoral Commission as a non-party campaigner if they met the existing spending thresholds.

Amendment 77 would recognise the need for all campaigners at elections to submit to electoral regulation by the elections regulator, and to be transparent about their purpose if they are seeking to campaign to influence voters at election time—but without duplicating the compliance burden for those organisations that already routinely are required to be transparent.

I urge all hon. Members to support these very reasonable amendments, which would allow small organisations and single-issue campaigns to continue to campaign.

--- Later in debate ---

[Patrick Grady]

The Minister said in her previous speech that the measure was partly intended to avoid a situation arising comparable to the US super-PACs that spend millions of dollars with very little regulation. It is impossible under current UK electoral law for a situation anything like that to arise in this country. The notion that small local charities that want to lobby their local candidates to stop the closure of a swimming pool, a school or a library are somehow comparable to the dark money seen in other parts of the world, which has been reported as potentially having an increasing impact in this part of the world, is completely extreme.

It is not impossible that there will be a general election in February 2022, because as the Minister has admitted, the Prime Minister will have that option when the Fixed-term Parliaments Act 2011 is finally repealed. As soon as that happens, the next election campaign will effectively start, which is delightful for all of us because of the rare snap elections that we have experienced twice in the last three years.

Under the terms of the clause, if an election came that early it might be the case that some organisations would have already reached the threshold without knowing it, not least because they are in the process of holding us to account for pledges that we made in 2019 that they have not had much opportunity to lobby on. Organisations that are organising a big lobby day—there are several coming up—that involve a lot of logistics such as the hire of the hall and the transportation of people, and that are related to pledges that Members may have made at a general election and therefore could reach the threshold, may find that they are already in breach without knowing it.

It is an awkward clause that relates to the overall package of reform that the Government are bringing in through the Bills that we have mentioned throughout the progress of this Bill, including the repeal of the 2011 Act, the Police, Crime, Sentencing and Courts Bill, and the other aspects of electoral and political law that are being amended. The Minister is falling back on the idea that it affects everyone, but that does not really answer that point. In a sense, it does affect all of us and we may already be in the run-up to a general election campaign but we just do not know because of the power grab that is being exercised by the Conservative Government, of which this clause is another example.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clause 25

Joint campaigning by registered parties and third parties

[Fleur Anderson]

I beg to move amendment 74, in clause 25, page 36, line 19, at end insert—

‘(2A) In section 85(2) of PPERA, after “incurred”, insert “(in the case of a parliamentary election only after the date of the election has been set or fixed)”.’

This amendment would limit regulated periods for UK Parliamentary General Elections to the period between the announcement of the election and the close of polls.

Clause 25 is about joint campaigning by registered parties and third parties and sets up the necessary amendment to have joint plans registered by those registered parties and joint parties when they are campaigning together. It clearly focuses mainly on suppressing the unions’ ability to campaign with parties. The Opposition oppose clause 25 in its entirety, as I will come to later.

On amendment 74, we have just been talking about deadlines and dates and how, if there is confusion about who can campaign, there is confusion about what has to be registered financially and who that has to be registered with. Then there is a lot of red tape. On top of that, there is confusion about the dates and the period that we are in: is it an election time or not? That will all, jointly, have a huge suppression effect on campaigning, which is the lifeblood of our elections and our free and democratic society.

--- Later in debate ---

[Kemi Badenoch]

I do not think so at all. In the previous clause, we made the situation equal for everybody. The Opposition are talking as if there is a secret conspiracy where everybody knows, other than them, when an election is going to be called. We are applying the law equally to everybody. That is right and I am happy to continue making the argument.

[Fleur Anderson]

Will the Minister give way on the point about a conspiracy?

--- Later in debate ---

[Kemi Badenoch]

As I have already set out, spending limits are an integral part of the political finance framework. They ensure a level of fairness between parties and campaigners. Controls are already in place on the integrity of spending limits—for example, in the case of targeted spending where a cap is placed on third party spending to promote one political party, and joint campaigning, which applies where third party campaigners work together and must all report costs. It is right that where groups work together on a campaign the spending should be accounted for by anyone involved in it, otherwise groups could unfairly attempt to make use of multiple spending limits. Therefore, we are extending the principle of joint campaigning to cover scenarios where political parties and third party campaigners are actively working together on a campaign. That is very different from targeted spending, where a third party targets a political party with their spending, but they do not actually work together on a campaign. It will simply mean that where a political party and third party campaigner are incurring spending and actively campaigning together, the relevant spending for that joint campaign should be accounted for by all groups involved in the spending. That will help to ensure that campaigners are playing by the rules and make it much easier to know who was involved in such campaigns. Of course, it will not stop groups spending separately outside the joint plan in their capacity as an individually recognised third party or political party. Any regulated spending that is undertaken by an individual group and is not part of a joint campaign will need to be reported only by the group incurring the spend.

Furthermore, to create parity with the current rules on joint campaigning between third party campaigners, the requirement to specifically identify relevant spending and spending returns will also be applied to the existing rules on joint campaigning between more than one third party campaigner. It is absolutely right that the rules on transparency of joint campaigning should be as similar as possible across all types of campaigners, to ensure fairness and support compliance. Therefore, I urge that the clause stand part of the Bill.

[Fleur Anderson]

We oppose part 4 in its entirety. The Minister makes it sound very easy. Parties campaign together and write a joint plan. If they have been a part of it, they declare all the expenses. In practice, that involves a huge amount of red tape and burden, and it is absolutely disproportionate to the effect that the Government are trying to achieve with the Bill—transparency, integrity and freeing up our elections so that everyone can take part and we all know what is happening. There should absolutely be transparency, but there should not be an overly bureaucratic system that will actually suppress freedom of speech.

The clause is a deliberate attempt to silence the trade unions in particular, which is what I will focus on. It is all about the Conservatives rigging democracy in their favour, because they know full well that the clause will silence Labour-affiliated trade unions. It is totally out of step with what we see globally. Only four of the 57 member states of the Organisation for Security and Co-operation in Europe—the UK, the Czech Republic, Ireland and Slovakia—require third parties to register campaigning activity at election time. Clause 25 would change the joint campaign rules so that organisations campaigning jointly with political parties are collectively liable for the total campaign expenditure of all organisations. No matter what small part or supporting role an organisation might play, it has to declare the full total amount, which will take up all of its campaigning allowance. That will include the political party.

The 2021 report “Regulating Election Finance” by the Committee on Standards in Public Life says:

“When considering calls for greater regulation of non-party campaigning it is important to be mindful of the role of non-party campaigning in the broader ecosystem of democracy and pre-election debate. As the Committee made clear when it first concluded that spending limits for non-party campaigners would be necessary, there is nothing wrong with individuals and organisations sending out explicitly political messages in advance of and during election campaign—‘On the contrary, a free society demands that they should be able to do so, indeed that they should be encouraged to do so.’ The right to campaign is also protected by law through the right to freedom of expression. This should act as a check on ensuring that regulation strikes the right balance.”

We contest that the Bill does not strike the right balance. Who can think of a political party that has strong historical links with external organisations working together—maybe around election time, and maybe for workers’ rights across the whole country—and traditionally campaigning together as a movement for change? That’s right: it is the trade unions. I hope that the Minister has talked to the trade unions about the Bill and understood the impact that it will have on trade union activity in all our constituencies, as well as across the country.

Elections Bill (Twelfth sitting)

Fleur Anderson Excerpts

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Brendan O’Hara]

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

It is a pleasure to follow my hon. Friend the Member for Glasgow North, who laid out a compelling and detailed case as to why extending the voting right to foreign nationals and widening the franchise is so important. What we have seen is a widening of the franchise in Scotland at exactly the same time as this place seeks to narrow the franchise.

In February 2020, the Scottish Parliament passed legislation extending the vote beyond EU nationals and Commonwealth citizens to include foreign nationals with leave to remain and refugees, adding 55,000 people to the register altogether. That is in stark contrast to what is taking place down here at Westminster. The Scottish Parliament did so because Scotland wants to be that open, welcoming country and that place that is home to anyone who wants to call it home, and it wants to recognise the enormous contribution that EU nationals have made to our country, our society and our general wellbeing. We want to welcome those EU nationals who want to be part of Scotland and we want to give them a stake in, and a responsibility for, the future of the country. The Scottish Parliament has made the decision that anyone who is legally resident in Scotland will have a say in our future, and that is only right.

However, while the Scottish Parliament and Scotland in general seek to reassure EU nationals that they are valued and welcome and we view them as an integral part of our future, the UK Government, at best, use them as a bargaining chip and, at worst, see them as an inconvenience. They may be allowed to pick fruit, or to drive lorries in an emergency, but they most certainly will not be treated as equal or valued citizens. We have got used to having a wide, diverse and growing franchise in Scotland, because that is good for our country and for our democracy. I strongly advise the UK Government to look to Scotland for a lead and to make the status of EU nationals equal across the various Administrations of these islands, because that is ultimately the right thing to do and it is only fair that they do it.

[Fleur Anderson (Putney) (Lab)]

We have been talking so far about making the Bill less confusing and more streamlined to enable more people to vote—that being the aim—as well as about ensuring that voting has integrity. It will be very confusing to be on the doorstep telling people to vote, depending on whichever agreement we have at the time with different former colleagues in the EU. It would really simplify voting if the new clause were agreed or could at least be considered as the Bill goes forward. It will be very difficult for people to work out whether they possess these voting rights at the time each election happens. To ensure that more people vote and that it is as easy as possible to do so, voting should be as simple as possible, and allowing all EU nationals to vote is the simplest way.

[Kemi Badenoch]

Our position has always been that after our exit from the EU existing voting and candidacy rights should be maintained where possible. The new clause would extend the parliamentary franchise to EU citizens where no such rights previously existed, as I said during our debate on the previous amendments. Those who are nationals of a member state have never been able to vote in UK parliamentary elections by virtue of their EU citizenship. If an EU citizen becomes a British citizen, they will be eligible for the parliamentary franchise from that point. The right to vote in parliamentary elections and choose the next UK Government is rightly restricted to British citizens and those with the closest historical links to our country.

--- Later in debate ---

[Cat Smith]

After five and a half years of campaigning for digital postal vote applications, I am very pleased with the Minister’s response. I have always thought her a reasonable woman, and I look forward to further conversations in which we can find consensus. In that spirit, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Emergency appointment of proxy

“(1) The Secretary of State must make regulations enabling voters on a relevant electoral register to apply to appoint a proxy on grounds of a personal emergency.

(2) Such applications shall be granted by the relevant registration officer provided that the officer—

(a) is satisfied that the reason for the application is such that it would be unreasonable for the applicant to vote in person,

(b) has no reasonable grounds to believe that the stated basis for the application is untrue, and

(c) has received the application not later than 5 pm on the day of the poll at that election.

(3) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.”—(Fleur Anderson.)

This new clause would allow voters to make applications for proxy votes on grounds of personal emergency up to the day of the poll.

Brought up, and read the First time.

[Fleur Anderson]

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

Maybe we are on a roll; this could be great. I have a confession: not a day goes by that I do not think about the next election, but I think I am in the minority. The new clause would extend the deadline for the emergency appointment of proxies to the day of the election, because a lot of people do not think about election day until the day itself. That would maintain a change that was made by the Government during the covid pandemic, when they extended the deadline for proxy voting to the day of the election. What the Government did during covid was a good thing, and we should learn from some of the changes we had to make under dreadful circumstances by incorporating those changes into our best practice for future elections. The explanatory notes state:

“This Bill makes new provision for and amends existing electoral law to ensure that UK elections remain secure, fair, modern, inclusive and transparent.”

On-the-day proxy voting would do just that.

The former Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), wrote to the Chair of the Public Administration and Constitutional Affairs Committee, the hon. Member for Hazel Grove (Mr Wragg), back in February. She said:

“An emergency proxy vote is available in certain…circumstances (such as illness)”

close to polling day. She continued:

“The government is amending secondary legislation to further support proxy voting for people affected by coronavirus close to the polls. In particular, these changes will allow those self-isolating as a result of coronavirus exposure, testing or symptoms to apply for a proxy vote in the days leading up to polling day and until 5pm on the day itself, without having to find someone to attest their application”

or to change who is appointed as proxy if the proxy is affected by coronavirus. She went on:

“This will also be available to those who test positive for the virus, on the same basis.”

We would argue that those conditions will continue, because there are other illnesses and other reasons why people will not know that they need a proxy vote until polling day. My husband had to take an emergency flight to Sudan two days before the referendum, so I had to apply for a proxy vote so that he could vote. He would have felt very hard done by and disappointed had he been unable to vote in that referendum. If he had had to fly the night before the election, he would have needed to get the proxy vote on the day itself. Taking the ability to vote away from him and so many others who, owing to illness or other reasons, do not know that they are unable to vote until election day will reduce and suppress voting.

[Cat Smith]

This strikes me as a timely point in proceedings to remind the Committee that we all get ill occasionally. Indeed, a member of the Committee is not here because he has coronavirus. As it happens, Committee members can pair so that the outcome of a vote is not affected by absence, but in a general election there is no opportunity for a voter to pair with a voter for another party and to agree not to turn up at the polls because one of them has coronavirus. Perhaps the lesson from this Committee is that we are all susceptible to illnesses, and therefore this is a reasonable new clause.

[Fleur Anderson]

Absolutely. We just do not know what will happen on the day. We do not want people to lose out on a vote just because emergencies happen. To extend proxy voting will not cost any more. It will not undermine any of the previous clauses; it does not change the fact that voting will be secure—the same security will be there. It all stays the same, but extends it until 5 o’clock on election day, which seems a fair thing to do, and I urge everyone to support the new clause.

[Kemi Badenoch]

The Government cannot support the new clause as we believe that in order to maintain the integrity of the electoral process, the emergency proxy provision cannot be drawn too widely. We discussed that in passing when considering other clauses. The arguments for emergency proxies still stand. There is already provision for electors to be able to apply for an emergency proxy, as the hon. Member for Putney said, in the event of illness or recent disability or for reasons of occupation, service or employment. These are important provisions that facilitate participation in the electoral process.

In his review into electoral fraud, Lord Pickles considered emergency proxy voting and found that there was concern among electoral administrators that widening the right to an emergency proxy would increase the risk of fraud. We therefore have no plans to increase the availability of emergency proxy voting.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Fleur Anderson]

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

The new clause is in a similar vein to the previous new clause. It would require officers to make provision for voter registration up to and including polling day.

Yesterday, the ultra low emission zone was extended—bear with, because this is relevant. Plans for the ULEZ started in 2014; it was announced in 2017, there were lots of consultations across London, and it was introduced in 2019. There were further consultations on extending it, as has happened. More consultations and measures were put in place. It was very controversial. Signs have been going up on our streets since May. Yet still, yesterday, it was a surprise to some people. A lot of constituents got in contact with me, saying, “What is this ULEZ? Why don’t I have a say on what’s happening?”

As we all know, we might flag something, advertise it as much as we like, but some people will be surprised to find that it is election day. They will be surprised to find out that they have to use their ID to vote. They will be surprised to find out that the deadline to get a postal vote or voter ID has passed. These changes will be a surprise to many. There are 9 million people of voting age not on the register. The moves in the Bill to increase the frequency of registering for a postal vote and to change to the voter ID system will not be known about by many people until election day.

As I have said, every single vote counts. I am sure we all agree. However, in every single pilot for this Bill, people were turned away from polling stations and then did not return because they did not know about the different provisions being made. Some elections are won or lost by a single vote, or a handful of votes.

This, therefore, is a high-risk strategy; if same-day voter registration is not allowed, the Bill will stop people from voting. It is an unproven system—there were not many pilot schemes—and at the cost of £120 million, we must get it right. We should be increasing voting, not decreasing it, and having same-day registration will increase voting. The new clause will enable everyone who wants to vote to vote. Not allowing same-day registration will prevent that.

I am sure the Minister will not accept the new clause, despite the earlier signs of change. However, I challenge her to return to amend the Bill, if this is not accepted, with the provisions that she would deem necessary to enable same-day registration, and to match the ID that would be deemed to be strong enough, safe enough and secure enough to maintain the integrity of the Bill, in the Government’s view, but also allow same-day voting.

[Kemi Badenoch]

We cannot agree to the new clause, as it would have a significant logistical impact on the conduct of elections. Allowing registrations on polling day itself would raise issues about how the eligibility of applicants can be verified, and uncertainties as to the register to be used for the election, undermining confidence in the process.

All applications should be subject to the same level of scrutiny and checks; if we allow applications to be made on the day, that would leave electoral registration officers having to confirm a person’s eligibility after the close of poll. As there is a legal requirement that returning officers start the count within four hours of the close of poll, that would have a significant impact on the timing of the declaration of the results for polls. The declaration would need to be delayed, pending confirmation that those voters who registered on polling day were indeed entitled to vote at the poll.

Any same-day registrations would need to be verified by EROs, which could take some days to do. That would no doubt present some issues to the longstanding tradition of counting and declaring election results as soon as possible, which has had benefits for establishing certainty and for having a Government in place as soon as possible. I therefore urge the hon. Lady to withdraw the motion.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Fleur Anderson]

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

New clause 14 cuts the connection between the ability of overseas voters to vote and to donate. I have high hopes that it will be accepted. I have that hope because when debating amendment 79, which is related to new clause 14, the Minister said that she was interested in talking further about the issue. This could be the one!

--- Later in debate ---

[Cat Smith]

I wonder whether my hon. Friend would like to draw the Committee’s attention to the findings in the Russia report, which I feel have not been discussed enough in the House. I am very proud of our British democracy, and I hope that Government Members are too. The report highlights the very real risks that British politics would be left to the influence of foreign money. I hope new clause 14 will go some way to protecting the democracy we hold so highly in this country, protecting it against foreign interference.

[Fleur Anderson]

I thank my hon. Friend for raising the awareness of the report to the Committee and directing us toward the potential risks when it comes to overseas permitted donors. Those open the door to a lot of concern, which we have seen in the past and has been reported on in past elections.

What better way is there to have influence than with a UK residency? Someone could be living here as a student, qualify as a resident, then return to their country and many years later be able to register as an overseas voter, thus being able to bankroll and influence our parties. It is unfair and wrong that there is a loophole. People who do not live in the UK and pay tax and are not affected by the rules and decisions of elected politicians can take such a full and active role in financing our political system, giving them more of a say—because of their wealth—than many working people living here all their life, who are very affected by the decisions made.

Many feel that Tory donors, for example, already have more of a say than working people in this country, and the Bill will only continue that fear. As the shadow Minister said previously in Committee,

“My biggest concern about the overseas electors section of this Bill is the fact that it could undermine the integrity of our electoral process.”––[Official Report, Elections Public Bill Committee, 21 October 2021; c. 245.]

Let us be clear: the true motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors unlimited access to our democracy, allowing them to bankroll Tory campaigns, for example, from their offshore tax havens. If that is the case, then vote against the amendment, cut the link between overseas voters and permitted donors, and only allow overseas voters to vote. It is as simple as that. If that is not the true motivation, let us close the loophole and cut the link by voting for new clause 14.

[Kemi Badenoch]

As the hon. Member mentioned, we discussed this issue when considering clauses on overseas electors. I did agree with Opposition Members that we should look at ways to ensure that we do not inadvertently create new loopholes while trying to secure the voting system or inadvertently extend the franchise beyond the Bill’s intention.

Having said that, what the hon. Lady refers to as a loophole is not. It is a long-standing principle—one originally recommended by the Committee on Standards in Public Life in 1998—that permissible donors are those on the UK electoral register. If someone can vote for a party, they should be able to donate to it.

UK electoral law already sets out a stringent regime of spending and donation controls, to ensure that only those with a legitimate interest in UK election can donate or campaign. That includes British citizens who are registered as overseas electors. I have explained that I am very open to discussing what we can do to secure the system but, for the reasons I have outlined, the Government do not support the new clause. I hope the hon. Member for Putney understands that and will withdraw the new clause.

Elections Bill (Ninth sitting)

Fleur Anderson Excerpts

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Kemi Badenoch]

I am afraid that the amendment would have what I suspect is an unintended consequence, so we cannot accept it. In short, it prevents many overseas electors from casting their ballots, for this reason: the registration deadline for overseas electors is 12 working days before the poll. The amendment does not change that, but it makes the deadline for applying for an absent vote earlier than the registration deadline. The effect is that someone who registers by the registration deadline would not be able to vote because they would not have made their absent vote application, and the only way they could fix that would be to travel back to the UK for polling day. The proposed changes to move other absent vote deadlines further from polling day would make it more difficult for some overseas electors to update or alter their absent voting arrangements ahead of the election. Because our intention is to facilitate greater participation in our democracy among British citizens living overseas, we cannot accept the amendment.

[Fleur Anderson]

May I ask a question about potentially putting some aspects of this into secondary legislation? In other countries, overseas electors are able to avail themselves of the opportunity of going to their embassy—or our equivalent, the high commission—in order to post their ballot paper. That might help with some of the short timings, and also with the burden that we are putting on our EROs in local councils here. Have there been any discussions with the Foreign, Commonwealth and Development Office about the use of embassies within this process to enable our overseas voters to vote?

[Kemi Badenoch]

I have not had a formal conversation with the FCDO, but I have had conversations with officials about what else we could do on the specific point that the hon. Lady has raised. The issue is that not everybody lives near an embassy, so that does not necessarily solve the problem that she has described, but we have tried to solve the problem of registration and making things easier for electoral registration officers in another way. The Bill enables overseas electors to remain registered for longer with an absent vote arrangement in place ahead of the election, so that is a burden that is being taken off the EROs. At the moment, the registration period for overseas electors is one year, so that is what those EROs have to deal with. We will extend that to three years in the Bill. Then, in addition, electors will be able to reapply or refresh their postal absent vote arrangements, as appropriate, at the same time as renewing their registrations. I think those changes will have the effect that Opposition Members want, by reducing the workload on electoral administrators during the busy election period.

Elections Bill (Eighth sitting)

Fleur Anderson Excerpts

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[Kemi Badenoch]

Although the Government share the aim of elections being accessible to all voters, we cannot agree to the amendment because it is needlessly prescriptive. I listened carefully to the hon. Gentleman’s arguments, which were not bad ones. I understand what he is saying, but we disagree on what the clause is trying to do.

I emphasise firmly that the principle underpinning the change is to make elections more accessible to a wider range of disabled voters. I welcome the hon. Gentleman’s agreement with the provision to include, for the first time in law, a requirement for returning officers to consider the needs of voters with a wide range of disabilities when providing equipment for polling stations. However, I do not agree with the proposal to keep a piece of specific, prescribed equipment for one subset of disabled voters.

Our experience with prescribing assistive equipment in law is that it can become an obstacle to wider inclusion and innovation more generally. A prescriptive approach in legislation makes changes difficult when better solutions are developed, and it also becomes an impediment to their development. We believe it is better to allow returning officers that flexibility to tailor the equipment they provide to suit the needs of voters in their area.

[Fleur Anderson (Putney) (Lab)]

Has the Minister been able to meet the RNIB? I have met its representatives and heard their concerns, and we have all seen their written evidence. They discussed their concern about the word “reasonable”, as it will not widen access to means of voting but reduce it because there will be inconsistency: what is deemed reasonable will be different at different polling stations, instead of being consistent for all people. That may mean that instead of access being widened there will actually be nothing.

[Kemi Badenoch]

I have not personally been able to meet the RNIB, but I believe that officials and possibly my predecessor did—[Interruption.] My officials are confirming that that is the case. We have seen its evidence and we believe that these changes are proportionate. We do not expect the outcomes that the RNIB has outlined to necessarily be the case.

I am a patron of a sight organisation in my constituency called Support 4 Sight, and I have discussed the issue with its representatives. They raised this legislation with me during a surgery and I was able to reassure them. I will be happy to write to the RNIB, as the Bill progresses and as we consider the secondary legislation, to see what other reassurances we can provide for it.

Sorry, I have lost my place in my notes—bear with me just a moment.

Elections Bill (Seventh sitting)

Fleur Anderson Excerpts

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[The Chair]

Hansard colleagues would be grateful if Members could email their speaking notes to [e-mail].

We now resume line-by-line consideration of the Bill. The selection and grouping list for today’s sitting, which is available in the room, shows the order in which selected amendments will be debated. I remind Members that decisions on amendments do not necessarily take place in the order they are debated; it happens in the order they appear on the amendment paper. Members who wish to press a grouped amendment to a Division should indicate that they wish to do so when speaking to it.

We now return to where we left off on 22 September, with amendments to schedule 1. I remind Members that we have already debated clause 1 stand part, and therefore it is not orderly to open up a further debate on the principle of voter identification. I expect focused debates on the amendments in question.

Schedule 1

Voter identification

[Fleur Anderson (Putney) (Lab)]

I beg to move amendment 54, in schedule 1, page 75, line 9, at end insert—

“(1HA) In this rule a ‘specified document’ also means a poll card.”

This amendment would enable someone to vote by presenting their poll card as an alternative to photo ID.

To recap from where we left off, the Opposition feel that there is no need for the reforms listed in the Bill. They will reduce people’s ability to vote, they will suppress voting and they are disproportionate to the risks identified. They will have a huge impact on councils, be very unwieldy, potentially have an impact on frontline services delivered by councils and be very expensive.

The Government’s own pilot programmes threw up many issues regarding the ability to vote in different circumstances. Different trials were used, including on the use of a polling card, which showed many ways in which barriers to voting can be overcome—not the ways that appear in the Bill. There are also questions about whether people will be turned away on polling day, and that is why the amendment would include the use of a polling card.

To explain the context, several of the pilot schemes in 2018 and 2019 that were commissioned by the Government asked voters to bring their polling card as a form of identification, or some form of photo ID if they did not have it. The results make for interesting reading. In the 2018 voter ID pilot in Swindon, 95% of voters produced their polling card instead of another form of ID. It was much more accessible to them, and Swindon recorded the lowest percentage of voters not returning with correct ID of all the 2018 pilots, at 0.06%. The Watford pilot saw 87% of voters produce their polling card instead of an alternative form of ID, and only 0.2% of voters did not return with the correct ID.

The poll card pilots in 2019 recorded lower percentages of voters being turned away than the photo ID or mixed ID and polling card models. In the poll card pilots in Mid Sussex, North West Leicestershire and Watford, 93% of voters produced a poll card instead of the alternative form of ID. It is clearly highly preferential for voters, and we want to make voting as easy as possible while making it safe and maintaining integrity.

The impact assessment to the Bill states that the implementation of voter ID could cost up to £180 million over 10 years. As we heard in the evidence sessions, that is not entirely known because not all councils have given in assessments. They do not know how many staff it will take or what the cost will be. Of that total, £80 million could be spent on the updated polling cards, which will notify voters of the new requirements. The proposal is to move to an A4 polling card, to be posted in an envelope. If that much is being spent on polling cards, why not use them at the polling station?

[Aaron Bell (Newcastle-under-Lyme) (Con)]

Does the hon. Lady accept that, notwithstanding what she said about safety and making it easy, she has not addressed the security element of knowing the person who turns up is the person named on the polling card? In many cases, polling cards can be stolen. I am thinking in particular of when they are posted to pigeonholes in higher education institutions. That has been a real problem in previous elections, and the Opposition’s amendment does not address that.

[Fleur Anderson]

The issue is parity with postal votes. If someone is to have a postal vote, they need to prove that they are living at the relevant address. That applies to polling cards as well; there is consistency.

The hon. Gentleman says that things can be stolen from a higher educational establishment, but that issue should be addressed by the establishment. The same could happen to postal votes, which would be a big concern. Making polling cards safe would be the same as making postal votes safe, so why not use polling cards?

[Aaron Bell]

I thank the hon. Lady for giving way again. The difference, of course, is that a postal vote requires a signature. Someone could literally take a polling card out of another person’s pigeonhole and present themselves at a polling station saying, “I am Joe Bloggs.” They would be given a vote. That is how things are at the moment, and that is what we think needs to change.

[Fleur Anderson]

When someone is applying for a polling card, they have to prove that they live at the relevant address. The overall issue is that voting is reduced; people might not necessarily want to go to vote if they find it at all hard. On polling day, we and other people will go to people’s houses, knock on their doors and say, “You can go down and vote.” Despite all the advertising that will happen ahead of time, they will say, “Oh, I don’t have my photographic ID—I haven’t yet got it.” We saw from the pilots how things could be so much easier.

[Paul Bristow (Peterborough) (Con)]

Does the hon. Lady recognise, like me, that one of the most common experiences on the doorstep is someone saying that they have lost the polling card itself and have seen that as an entry into voting? Nine times out of 10, when someone has lost something it has been the card itself. I say to them, “You don’t need that—you just need to say your name and address.” Has she had that experience?

[Fleur Anderson]

Different people will have different ID. If we open up the forms of ID that people can take, we make it more likely that they will vote. Many people will have lost their photo ID. Some people do misplace their polling card in their pile of post and so do not have it to hand. We can say at the moment that they can just go down to the polling station, but the Bill introduces an extra barrier of people having to find their photographic ID—their passport or driving licence. If a polling card is a high barrier, photographic ID is even higher. My amendment would lower the barriers to voting and enable more people to get involved in democracy, which in the end would make decisions better. The Bill would increase the barriers.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

I have been reflecting on what my hon. Friend has been saying. I recently had to send off my driving licence to update my address, and that happens to have coincided with the expiry of my passport. Normally I have two forms of photo ID, but at the moment I do not. Could this legislation not end up affecting people who would normally have forms of ID and therefore would not necessarily apply for the voter card, but who due to circumstances may occasionally disenfranchise themselves accidentally?

[Fleur Anderson]

My hon. Friend makes a very good point. There are many circumstances in which someone might just not have that photographic ID to hand. My children go off, use their photographic ID in a nightclub and do not return with it. There are so many reasons why it might be hard to find that photographic ID. If people find it hard to locate their polling card on the day—I accept that sometimes they do—they will find it even harder to find their photographic ID.

This amendment is so important. The polling card would give people huge reassurance that they will be able to go down and vote. If the amendment is not agreed to, that will be taken away. The amendment is logical and supported by plenty of evidence from the pilot schemes themselves. I urge the Minister to support it.

[The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)]

If I may, Sir Edward, I want to take time to acknowledge the tragic loss of Sir David Amess. He was a fellow Essex MP to me and my hon. Friend the Member for Castle Point. He was a truly beloved friend and colleague who served both Parliament and Southend West for nearly four decades with dedication and care.

It is particularly poignant that we should be debating the Elections Bill at this point. The act of violence that occurred on Friday was abhorrent. Violence and intimidation cannot be tolerated in any circumstance and must have no place in our public life. No one should feel afraid to participate in our democracy or to represent their community, and tackling intimidation in public life is a top priority for the Government. There are measures in the Bill that seek to introduce a new electoral sanction against anyone found guilty of intimidating a candidate or elected representative, but this is a problem that no one measure alone will address. That sanction is just one part of a much wider effort by the Government to tackle intimidation and violence in public life.

Amendment 54 would allow a voter to use their poll card as a form of identification under the new system being introduced by the Bill. The amendment effectively defeats the purpose of the Bill. We cannot agree to it because the requirement to provide a form of photographic identification is the best way to secure the electoral system against fraud and to stamp out the potential for it to take place at polling stations in elections.

My hon. Friends have made the argument already, but I should also say that when evaluating the security strengths and weaknesses of each pilot model the Electoral Commission found that

“the photo identification only model has the greatest security strengths compared with the other models”.

A poll card can easily be intercepted, particularly for those living in shared accommodation, and so cannot be used as a form of identification. It is simply not secure enough. That is why we are requiring voters to provide photographic identification.

--- Later in debate ---

[Patrick Grady]

I do beg your pardon—it was the hon. Member for Peterborough. They will need to fix the lighting for the next round of parliamentary photographs. I do apologise, but the point stands that it is an experience that we have all had. We knock on the door and people say, “I’ve lost my poll card. How can I vote now?”. Currently, we can reassure them by saying, “You don’t need your poll card. Simply identify who you are and your name will be ticked off the list.” That shows the attachment that people have to their poll card. A lot of people think that their poll card is required as a form of ID to vote. As campaigners standing at polling stations, we see people turning up to vote and bringing their poll card with them because of the attachment that they have to it as a document. It helps to inspire their right to vote, so in that sense it works in both directions.

Now when we are on the doorstep, we will have to say to voters, “You need to bring a form of identification with you to vote.” Under the schedule, that has to be a particular form of voter identification. If we were able to say, “You’ve got your poll card. That’s great. You can take that down. That will verify your identity and you’ll be able to take part in the poll,” that would make it even easier for people to comply with the legislation that is under consideration.

On the notion that people could go around harvesting poll cards from university dockets—not to go back to the original clause, Sir Edward—we have heard that instances of that are extremely few. It is already a crime. If someone turns up with more than one poll card, that is personation. I have every faith that in our current electoral system, individual polling clerks will realise, if a voter turns up with two cards, that they are only one person, and they will not be allowed to cast two votes. They would there and then be done, and were it determined that a candidate had been responsible for encouraging them to do that, the candidate would be disqualified from the election.

The amendment, and those that we will discuss shortly, would help as many people as possible to comply with the new requirement that people have a form of identification in order to cast their vote. Opposition Members are trying to expand people’s opportunities to comply with that requirement, and the Government’s opposing it demonstrates what the real intent is behind the clause and the Bill as a whole, which is to make it more difficult for people to vote, which is a dangerous route to go down.

[Fleur Anderson]

I echo your words, Sir Edward, and those of the Minister, about Sir David Amess. I send my sincere condolences to his family, his staff and his constituents. We all feel his loss greatly. Sir David chaired many debates that I took part in. As a new MP, I do not know an enormous number of MPs, but I felt that I knew Sir David, so that was the measure of him.

I am disappointed that the Government will not accept the amendment, but I urge the Minister to please look into and assess the impact on voting when the Bill comes into force. It will have a big impact. Can we please continue with the pilot so that we can assess the impact of not being able to use a polling card, and keep the door open to make sure that there is the potential for everyone to vote by using a polling card?

Question put, That the amendment be made.

Division 12

Question accordingly negatived.

Ayes: 7

---

Labour: 5
Scottish National Party: 2

Noes: 10

---

Conservative: 10

[Fleur Anderson]

I beg to move amendment 55, in schedule 1, page 75, line 9, at end insert—

“(1HA) In this rule a ‘specified document’ also means a utility bill dated within 3 months of the date of the poll.”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 56, in schedule 1, page 75, line 9, at end insert—

“(1HA) In this rule a ‘specified document’ also means a valid bank or building society debit card or credit card.”

Amendment 57, in schedule 1, page 75, line 9, at end insert—

“(1HA) In this rule a ‘specified document’ also means a birth certificate.”

Amendment 58, in schedule 1, page 75, line 9, at end insert—

“(1HA) In this rule a ‘specified document’ also means any of the following documents (in whatever form issued to the holder)—

(a) a driving licence;

(b) a birth certificate;

(c) a marriage or civil partnership certificate;

(d) an adoption certificate;

(e) the record of a decision on bail made in respect of the voter in accordance with section 5(1) of the Bail Act 1976;

(f) a bank or building society cheque book;

(g) a mortgage statement dated within 3 months of the date of the poll;

(h) a bank or building society statement dated within 3 months of the date of the poll;

(i) a credit card statement dated within 3 months of the date of the poll;

(j) a council tax demand letter or statement dated within 12 months of the date of the poll;

(k) a P45 or P60 form dated within 12 months of the date of the poll;

(l) a standard acknowledgement letter (SAL) issued by the Home Office for asylum seekers;

(m) a trade union membership card;

(n) a library card;

(o) a pre-payment meter card;

(p) a National Insurance card;

(q) a workplace ID Card.”

[Fleur Anderson]

Amendments 55 to 58 include other forms of identification that could be used to prove a voter’s identity. They would include utility bills, bank or debit cards, birth certificates and other forms of non-photographic ID as acceptable types of identification that a voter may produce to obtain a ballot under schedule 1.

The Minister has stated in support of voter ID that we already ask people to prove who they are in order to collect a parcel from the post office or to rent a car. The list of identity documents accepted at the post office for picking up a parcel includes non-photographic ID such as credit or debit cards, cheque books and utility bills. As the Government have indicated, it seems nonsensical not to extend that to voting. Instead, we should help to enable as many people as possible to get involved in our democratic processes.

The Minister might be interested to hear that half of US states with voter ID requirements allow non-photographic ID. She might also be aware that the Pickles report, “Securing the ballot”, recommended:

“There is no need to be over elaborate; measures should enhance public confidence and be proportional. A driving licence, passport or utility bills would not seem unreasonable to establish identity.”

It is estimated that 10% of people who do not have photographic ID have a birth certificate. The Government have chosen the strictest form of ID despite their own review, led by Lord Pickles, suggesting that non-photographic ID such as a utility bill would be acceptable. This is all about what is proportionate.

When it introduced voter ID, Northern Ireland did not initially require solely photographic ID. It did not leap straight to that highest barrier of ID. Elections took place for almost 20 years with a less stringent ID requirement. I urge colleagues to consider the amendments. They are logical and fair, bring the response to concerns about elections into proportion, and are in line with best practice.

--- Later in debate ---

[Patrick Grady]

I am sorry—they absolutely could not. First, I do not accept the force of the previous argument, although I accept the Committee’s decision to reject the amendment. Secondly, there is no way that someone from the same household could turn up because, by definition, they would be voting at the same polling station with the same polling clerks and with the same party candidates and activists standing outside. If one person turned up with two birth certificates, utility bills or whatever, that would be a clear case of personation. I have sufficient confidence in the integrity of our current system to trust the poll clerks on duty in a station to identify that same person from the same household trying to vote on behalf of two people.

I find it slightly ironic that my parliamentary pass, issued to me by the House of Commons on account of my being elected three times by the electors of Glasgow North, lets me get on a plane, and I can cast votes on legislation with it, but I do not think it is good enough to vote in a general election under the Bill. I am therefore happy to support the Labour party’s amendments.

[Fleur Anderson]

We would like to press the group of amendments to a vote, if it is possible to vote for them together.

[The Chair]

I am afraid the rules are that you must have a single vote on each amendment.

[Fleur Anderson]

I would like to press amendment 56, then. I have nothing further to add, but I beg to ask leave to withdraw amendment 55.

Amendment, by leave, withdrawn.

Amendment proposed: 56, in schedule 1, page 75, line 9, at end insert—

“(1HA) In this rule a “specified document” also means a valid bank or building society debit card or credit card.”—(Fleur Anderson.)

Division 13

Question accordingly negatived.

Ayes: 7

---

Labour: 5
Scottish National Party: 2

Noes: 10

---

Conservative: 10

[Fleur Anderson]

I beg to move amendment 62, in schedule 1, page 82, line 4, at end insert—

“Reports on voter identification and turnout

35A The Secretary of State must prepare and publish reports on the effect of the voter identification requirements in this Schedule on turnout—

(a) across the electorate,

(b) in minority groups,

(c) among disabled people,

(d) among young people.

35B The Secretary of State must publish a report under paragraph (35B)—

(a) no later than 31 July each year, and

(b) in the 90 days following a general election.”

This is a highly reasonable amendment, which I hope will be supported. I also hope that all hon. Members would want to see the effects and outcomes of what the Bill does. The Secretary of State would be required to prepare and publish reports in a timely fashion on the effect of voter identification requirements in the schedule—in particular those where civil society groups have raised a large amount of concern—so that we can learn the effect of the measures in real time. The amendment would not undermine the fundamentals of the Bill; it just says, “We should report on it and learn from it in a timely fashion.” I hope that it will be accepted.

[Kemi Badenoch]

We believe that the amendment is unnecessary. The Bill already outlines that there must be three evaluations of the effect of a requirement to show identification on voting, and those will consider the effect of the new policy on electors’ applications for a ballot paper. Committing to further evaluations annually and in perpetuity would be disproportionate and an inappropriate use of taxpayers’ money.

The Government will consider how best to gather information relating to the impact of the policy on all parts of the electorate. Although some data will be collected at polling stations under new rule 40B, and used for evaluations, it is important to note that it would be inappropriate to collect information on protected characteristics at the polling station directly. Electors would not expect to have to answer questions about their race, sexual orientation or gender identity before receiving their ballot and might not feel comfortable doing so. We will consider how best to gather that information without such intrusion.

[Patrick Grady]

This is a very reasonable request from the Opposition. One of the most robust evidence sessions we had was when we discussed the impact of the Bill on minority groups and people with protected characteristics. I would have thought it would be in the Government’s interests to try to gather evidence to show the minimal impact—or indeed the positive impact—they expect the Bill and the requirement to show voter identification at the polls will have on those groups.

The Labour party makes a perfectly reasonable request. As the Minister said, there is already a certain amount of evaluation built into the Bill; an additional round of evaluation is not going to cause too much difficulty. No one is suggesting that people should be quizzed before the ballot box. There are perfectly acceptable and valid ways to conduct research, at academic or Government level, without having to put people under pressure at the moment they are carrying out their votes. We have seen some of that research already, as some of it was commissioned to help inform the Bill. The Opposition are entitled to make the points they have and can expect our support if they push the matter to a vote.

[Fleur Anderson]

This is the third Public Bill Committee I have taken part in, and no amendment has yet been accepted. I tabled 200 amendments to the Environment Bill. Hoping against hope, even when I stood up for the last time to speak to the 200th amendment, I thought that might be the one to be accepted. What is the point of sitting in Committee, going through a Bill line by line, for the Minister to say, “Don’t worry—we are going to look into this”?

There are ways to find out the impact on different parts of the electorate. There are definitely ways to find out the impact very quickly after an election, so that we can learn as we go on and prepare for the next election. I am very disappointed that this measure will not be taken up. It leaves the electorate wondering what the Government have to hide.

[The Chair]

I have been attending these Committees for 38 years and no Government, Labour or Conservative, have ever accepted any amendment.

Question put, That the amendment be made.

--- Later in debate ---

[Kemi Badenoch]

Clause 2 is essential to strengthen and improve the current security of the postal ballot. The clause, and associated schedule 2, will require postal voters in Great Britain to make a fresh postal vote application after a maximum of three years of being registered as a postal voter if they want to continue to vote by post at future elections. That is one of a number of measures in the Bill that implement recommendations in the 2016 Pickles report into electoral fraud, and it is needed to address documented weaknesses in the current absent voting arrangements.

The Electoral Commission’s winter tracker for 2021 found that one in five people considers postal voting to be unsafe, and the witnesses who gave evidence to this Committee also highlighted that absent voting can be particularly subject to fraud and abuse. Currently, an elector may have a postal vote on an indefinite basis as long as they provide a signature sample every five years. Requiring an elector to reapply for a postal vote at least every three years will enable the electoral registration officer regularly to assess their application and confirm that they are still an eligible elector. The measure will also ensure that electors’ details are kept up to date and reduce the waste and cost of postal votes being sent to out-of-date addresses, where they may also be vulnerable to fraudulent abuse.

By requiring each postal voter’s signature to be refreshed more frequently, we will also reduce the likelihood of a postal vote being rejected because of the elector’s handwriting changing over time. Further, asking that electors confirm their preferred arrangements at least once during the life of a Parliament provides an opportunity for someone who may have been initially convinced or coerced into having a postal vote to break out of that situation and protect their vote from being stolen.

Existing long-term postal voters will benefit from the transitional provisions in the Bill that allow them to maintain their preferred voting arrangement, and they will have advance notice of the change so that they can prepare ahead of the deadline. Electoral registration officers will be required to send a reminder to existing postal voters in advance of the date that they will cease to have a postal vote and to provide information on how to reapply.

Schedule 2 also provides for postal vote registrations for the maximum period to cease on 31 January in the year in question, which will give electors time to apply for a fresh postal vote ahead of scheduled elections in May that year if they wish to vote by post. For overseas electors, we are aligning the maximum period for which they may hold a postal vote with their registration cycle, and have extended that period so that it may also not exceed three years.

Those safeguards will not only protect against the abuse of postal voting but also, I hope, raise the level of confidence in absent voting so that no one has to feel concerned that their vote could be stolen or abused.

[Fleur Anderson]

We will vote to remove the requirement for the reapplication for postal voting every three years and return to the status quo of postal votes lasting an indefinite period, because we believe that the requirement is disproportionate, costly and confusing. We strongly oppose moves to force those using a postal vote to reapply.

Clause 2 is another Government provision that has left me scratching my head and very concerned. These pointless changes will make the process of voting more complex and bureaucratic, forcing lifetime postal voters to reapply every three years. The Minister may think that mandating re-registration every three years is making our electoral system more secure from postal vote fraud, but that is mistaken and based on flawed assumptions about where postal vote fraud is happening. It is at variance from what we heard in evidence.

In evidence, we heard about the highly concerning case of postal vote fraud in the 2004 local elections in Birmingham. However, the main concerns raised by the commissioner included the deadline for postal voting packs being close to the election—six working days before—and the lack of checks on whether applications were made by the named voter, which made it difficult to detect fraud. Clause 2 does not address that.

Following that case, the Electoral Commission made a number of recommendations, including using personal identifiers for postal votes, moving the deadline for applications from six to 11 working days before polling day and making falsely applying for a postal vote an offence. The Electoral Administration Act 2006 was passed by the Labour Government in response to criticisms and has addressed a number of those concerns already, including a system of personal identifiers for postal ballots. What is the evidence that clause 2 will address the postal fraud that has been identified in the cases about which we have heard? The measure is not based on good evidence.

The second thing we are deeply concerned about is that the changes will reduce flexibility for voters and risk imposing yet another barrier to voting, which damages our democracy. Ministers should direct their energy towards changes that make voting easier, not putting up barriers. The change will suppress voting and erase the positive improvement in postal voting seen during the pandemic. It is unnecessarily bureaucratic.

We have seen a gradual rise in the use of postal voting over recent years, as an easy and flexible alternative for those who prefer not to visit the polls in person, even more so during the pandemic. In 2001, 1.8 million postal votes were issued; in 2012, 6.3 million; and at the last general election in 2019, 7.3 million postal votes were issued. As has been mentioned, in his review, Lord Pickles concluded that

“the availability of postal voting encourages many legitimate electors to use their vote effectively”.

But forcing people to keep reregistering so frequently—too frequently—could risk disenfranchising people who are not aware until it is too late that the rules are changing and that they need to reapply for their postal vote, when they have only had to do it once before. Changing the rules is confusing.

We oppose moves to change the law to limit who can hand in postal votes at polling stations. That change could create barriers for some voters who genuinely need assistance. My other concern is the sheer cost; as we mentioned, the Cabinet Office’s own impact assessment published with the Bill estimates the cost of the new requirement for postal voters to register every three years rather than five at between £6 million and £15 million. This will cost millions of pounds, and do we even need it? That estimate is in addition to existing costs and is based just on the cost of sending out the additional letters, let alone the extra administration and advertising costs. Can the Minister explain how she will pay for those additional costs?

There is also a capacity issue for local councils. It will inevitably prove hugely burdensome on local authority election teams, who are already overburdened and under-resourced. The Association of Electoral Administrators agrees with that assessment. It believes that reapplying for a postal vote every three years rather than five will bring an “additional burden to Electoral Registration Officers, creating more regular peaks of demand.”

There is the confusion between different election systems in the devolved nations Currently, neither Scotland nor Wales has diverged from existing legislation on postal voting. Postal votes on demand are available indefinitely, as they currently are in England, and signature refreshes are also required every five years. If the current measures in the Bill are approved, a complex, messy system of divergent requirements for different sets of elections will be created. I cannot imagine having to explain that multiple times on the doorstep, and for councils to have to explain that: one local election will be like this, but a general election will be like that. It will be very confusing.

Confusion stops people voting and gets in the way of our democracy. For instance, someone who has chosen to vote by post permanently in Scotland and Wales will be required to reapply every three years for their postal votes for the UK parliamentary elections, and will also separately be required to refresh their signature for postal votes in devolved elections every five years. It will create a huge administrative and bureaucratic nightmare that will be highly confusing for voters, who do not look in as much detail as we do at postal votes and when to sign for them and apply for them. I have yet to hear the Minister’s solution to that, and I hope to hear it now.

The clauses are pointless and arbitrary; they will not achieve what the Government is setting out to achieve. As usual in the Bill, they are disproportionate. There is very little evidence that they are necessary. They will hit the already disenfranchised the hardest. They will cost the taxpayer millions of pounds, pile the pressure on our already overstretched electoral staff and conflict with the frontline service delivery of our local councils. I urge colleagues not to let the clauses stand.

[Patrick Grady]

I will echo many of the hon. Lady’s points. The renewal of a postal vote comes up on an annual basis when the check of who is registered at the household comes through the post. It indicates whether electors are postal voters. If they wanted to change at that point, the opportunity would be there. But the Bill is putting on a separate new requirement. When a voter moves house, a fresh check is done—I know that from recent personal experience. When a voter moves house, they are asked to reapply for a postal vote at their new address.

The move to expand postal voting over the years has undoubtedly helped to increase turnout and participation. The Labour spokesperson explained that, where there have been difficulties, measures have been taken to stop them. That is not an argument to make it more difficult in general for people to apply for and exercise the right to vote by post.

The point about the risk of procedural complication is particularly acute. There is an interesting question about why the renewal has been set for every three years rather than every two, four or five years. Maybe the Minister can explain the evidence base for that when summing up, because that would help to align it with the parliamentary cycle of elections, although there is no cycle of elections at the moment—they are just happening on an almost annual basis. The effect of that is the real risk of someone who thinks they are registered for a postal vote actually being caught out because their postal vote expires while they are away for whatever reason has already inspired them to apply for a postal vote. They may then find that yet another snap election has been called and they are left effectively disenfranchised.

I echo the point about divergence across the United Kingdom. My hon. Friend the Member for Argyll and Bute and I have no problem with divergence. We have a solution to people in Scotland getting confused about voting in Westminster elections, which is to stop that from happening and for Scotland to be an independent country. If Members on the other side of the House and indeed our good friends on the Labour Front Bench do not want that to happen, perhaps they need to think about the divergence and different franchises that are being established across the United Kingdom, and about the different voting systems and the increase in differences. Quite how that makes a case for a strong and stable Union—well, it is not a case for me to make. We fully support the Labour party in opposing this clause and I look forward to hearing how the Minister responds to the points.

Elections Bill (Fifth sitting)

Fleur Anderson Excerpts

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

[Brendan O’Hara]

At the risk of repeating myself, nobody is saying that we should not root out electoral fraud and that it should not be punished to the full extent of the law, but this Bill, and particularly voter ID cards, will not solve it. If there were a Bill in front of us that said, “We will beef up the Electoral Commission. We will give the police more powers of prosecution. We will allow greater transparency in how we find and prosecute people who are cheating the system,” it would have unanimous support, but the Government are trying to pretend that the introduction of voter ID cards will stop this, and that is simply not the case.

[Fleur Anderson (Putney) (Lab)]

Does the hon. Gentleman agree that there are different types of prevention of electoral fraud? One was outlined in the evidence from Peterborough. The witnesses said they could put up CCTV cameras, which would cost them nothing because they would borrow them from the police. That is a much more proportionate measure to prevent fraud, and there would not be the risk that it would stop people and put up a barrier to voting.

[Brendan O’Hara]

I could not agree more. We do not support ID cards, but that does not mean we are turning a blind eye to electoral fraud. There are proportionate ways of preventing it. This is not even a way of stopping it. We are not even saying that this is the wrong way to stop electoral fraud; this is nothing. This will achieve virtually nothing.

--- Later in debate ---

[Patrick Grady]

There is a bit of a challenge. People do get put off by long queues. Under social distancing in Scotland, the queues were even longer and it was taking even longer to vote. I commend people who are prepared to wait, but imagine the frustration of someone who has waited all that time in a queue and then finds out that they do not have a valid ID, or they thought it was in their pocket, but it turns out it was not, and there is no provision to even cast a provisional ballot, which we may get on to later.

The system that exists just now, pre this Bill, is the system that got us elected. There is a real danger that what is going on here is undermining the confidence in that system. If confidence in the system is undermined, people will simply not turn out at all, irrespective of whether they have a voter identification. They will sit on their hands and say, “You’re all the same—a plague on all your houses! My vote doesn’t make a difference,” and they will not turn out at all.

[Fleur Anderson]

I agree with the hon. Gentleman’s concern that this is a disproportionate Bill and that it will stop people turning out—they will just sit on their hands. We will not know whether they have gone or not. From the research we have on the pilots, there was an indication of a real disparity between different areas, age groups and other groups in terms of the inclination, or disinclination, even to go and vote. For example, in Woking nearly all electors said it would be easy to access ID and they would trundle down with it easily, but in Pendle only seven in 10 people said it would be easy to access. For non-voters, only 88% of people said they would find it easy; for those who vote, it is 95%. That is a real disparity. White electors were more likely than BME electors to think it would be easy to find identification for future elections, by 92% to 87%—another huge disparity. Younger electors, too, were less likely to say they would find it easy to access identification for future elections: 84% for 18 to 34-year-olds, compared with 93% for 35 to 54-year-olds. As a mum of adult children who should be allowed to vote but often cannot find their ID, I agree with the differences there are between different parts of the electorate.

[Patrick Grady]

The hon. Lady is absolutely right, and it is interesting that we have not heard more about the detail of those pilots from the Government. They were their own pilots—it was the Government who ran them. They seem happy to pick up evidence of electoral malpractice in any areas that cause them concern, but less interested in picking up the outcomes from the pilots that they themselves commissioned.

As the hon. Lady mentioned some of the disparities in terms of voting ID, I will pay tribute to Maurice Mcleod, who gave very impressive evidence to the Committee under the most sustained and pressured questioning of any of the witnesses we heard from. He said, and he was quoting the Government’s own data, that

“while 76% of white people hold a form of relevant photo ID, such as a driver’s license or a passport, when it comes to black people, about half do: 47% do not hold one of those forms of ID.”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 89, Q134.]

The statistics the hon. Lady quotes from the pilots appear to be borne out by other evidence we have heard.