Draft Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 Draft Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023 Draft Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 Draft Local Elections (Northern Ireland) Order 2023 Draft Representation of the People and recall Petition (Northern Ireland) (Amendment) Regulations 2023

Florence Eshalomi Excerpts

Tuesday 12th September 2023 General Committees

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I apologise for my lateness, Mr Gray; as a London MP, I will be contacting the Mayor of London about Transport for London services. I also apologise to the Minister for having missed part of her introduction, but I thank her for it.

For the sake of brevity, I shall speak to all the regulations together. We do not seek to refight the battles that took place over aspects of the regulations during the passage of the Elections Act 2022. However, as the new shadow Minister, I put on the record that I share the concerns outlined by my predecessors during those debates—particularly the ones about time limiting absentee voting methods and the confusion that those may cause voters who rely on an absentee ballot to cast their vote.

The Minister will be pleased to note, though, that we welcome the first set of regulations. I share her concerns. Undue influence or any practice involving intimidation have no place in our voting system. If we want to call our elections free and fair, we must act proactively and clearly to stop those who seek to unfairly influence how others vote. It is right that we update the definition of “undue influence” to accommodate a modern understanding of the phrase in the statute book. The current law was brought into force 40 years ago, and 100% of the respondents to the White Paper “Protecting the Debate” agreed that a clearer definition should be adopted.

In addition, we welcome provisions to ensure that disqualification orders are effectively enforced and that those served with them cannot stand in relevant elections. We also support the implementation of the Ballot Secrecy Act to the elections in this regulation. Alongside that, we welcome clarity on whether a commonly used name can be used on nomination papers. We understand the need to update the law to comply with section 15 and schedule 8 of the Elections Act on EU citizens’ voting rights. Those provisions are, of course, brought into force by the second statutory instrument laid before us today, which would amend our franchise in line with our exit from the EU and the lack of voting rights as part of the withdrawal agreement.

As a principle, Labour believes that people who contribute to society, work hard and pay their taxes should have some sort of say in decisions being made for their community. This is about not just who can vote, but devolving power to communities so that they have a say over local decisions. Current rights give EU citizens the power to vote and stand in local elections, regardless of immigration-based eligibility criteria. However, we do recognise that the status quo around decision making cannot continue following our departure from the EU, and we will not oppose the regulation today.

Finally, the third statutory instrument would bring in changes regarding postal and proxy voting, otherwise known as absentee voting. As I previously stated, we have issues regarding the implementation of a three-year time limit on postal voting, which this instrument helps to bring into force, as set out in the Representation of the People (England and Wales) Regulations 2001. I note that the Minister has stated some timelines, but I think it is fair to say there will likely be some confusion for many who are accustomed to the current voting system, and that the unexpected lapse could inadvertently result in them becoming disenfranchised. I understand that the regulations will bring in a requirement to notify the absentee voter about the expiry of a postal vote and when it will come to an end, but that may not be enough. The Minister mentioned some dates—May 2024, to 2025. Will she also clarify how the work will be carried out? I fear that the changes could be easy for people to miss.

The changes will place an increased workload on election workers, who do a fantastic job up and down the country, making sure that our elections are run smoothly. The Association of Electoral Administrators is already struggling due to the litany of recent changes combined with the staffing crisis, and there are concerns that these new requirements could make the situation even worse. I urge the Government to think carefully about those concerns and to ensure that our elections continue to run smoothly.

As called for in Labour’s new clause 16, tabled during Committee stage of the Elections Bill, we welcome the modernisation of the absentee voting system via a new online digital system, as this will help to increase the accessibility of postal and proxy voting, enfranchising people across the country by providing easier access to the absentee voting system. However, the devil will be in the detail when it comes to the implementation of the new online system. Will the Minister briefly update us on its progress and inform the Committee when it will be ready to launch?

The final two amendments relating to Northern Ireland are uncontroversial implementations of the Elections Act 2022, and we do not seek to oppose them.