Draft Representation of the People (England and Wales and Northern Ireland) (Amendment) Regulations 2024

Florence Eshalomi Excerpts

Wednesday 8th May 2024 General Committees

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

It is a pleasure to serve under your chairship, Mr Hosie. I thank the Minister for his introduction, but we are back here again, debating the second statutory instrument this year that corrects errors in regulations relating to the Elections Act.

As I am sure the Minister will remember, the previous SI related to information on postal and proxy poll cards. I was not critical of the Government for making that mistake, and we do not intend to be overly critical over today’s correction. But I have to be honest with the Minister that the fact that we are here yet again emphasises the enormity and complexity of the Elections Act and electoral statute.

When I was trying to get my head around this instrument, which should be relatively simple, I had to look at about five to six different Acts and regulations spanning over 40 years of legislation. Some Front-Bench colleagues may think that those are rookie numbers compared to the spaghetti that exists in some areas of law.

As the Minister outlined, it is critical that our electoral law is as legible and transparent as possible, not only for the health of democracy but—I have mentioned this to the Minister on numerous occasions—for the workload of our understaffed electoral teams, which are tasked with keeping the integrity of our elections intact. Unfortunately, rather than helping our electoral administrators, the Government have introduced an Elections Act that drastically increases the burden on them.

Not only do the electoral officers now have to deal with increased burdens from the changes to postal vote deadlines, but they have to implement the flawed photo ID system and adjust their registers to reflect the new franchise for EU nationals. The Government estimate that, starting on 7 May, up to 170,000 people will be removed from the electoral roll. While additions to the franchise are not particularly novel, and it is 55 years since a Labour Government gave 18-year-olds the right to vote, I believe that this is the first time any mass disenfranchisement of registered voters has happened in the UK in the last 100 years.

That brings with it a unique set of challenges for our electoral system and officers, particularly in a year when we are going to see so many significant elections and hopefully, fingers crossed—hint—a general election. Mistakes in legislation in this area make that challenge even harder. They could create significant confusion and concern among dual nationals who are entitled to vote, by not only collecting unnecessary information from those looking to register, but increasing the workload of electoral officers, who already have to tidy up databases and deal with queries from so many different members of the public who are confused as to why this question is being asked in the first instance.

Given the different levels of voting rights that different EU citizens will now be entitled to, what steps is the Minister taking to ensure that all those different citizens know their voting rights? For example, what is happening—the Minister mentioned dual citizenship—in relation to those who have been granted British citizenship and those who are granted local voting rights via the reciprocal schemes? I would also be grateful if the Minister could outline what support is being provided to electoral officers to carry out the amendment to the franchise for EU nationals. What steps are the Government taking to ensure there are no mistakes in the system?

The Minister says that the changes are just about tidying up. If he needs convincing of the importance of this issue, he should look at the Levelling Up, Housing and Communities Committee’s report on voter registration, which highlighted a creaking system without any efficiency and with the huge challenges presented by the Elections Act.

The Minister touched on voters who would have to qualify to vote via the reciprocal arrangements with member states, as listed in schedule 6A to the Representation of the People Act 1983. The Minister knows that there is cross-party consensus on trying to reach those arrangements with other EU countries, and it is good to see that an agreement with Denmark was reached earlier this year, following similar agreements with Spain, Portugal, Luxembourg and Poland, as the Minister said.

However, although the practical implications for citizens of other countries will be minor, what will happen if arrangements are reached in the near future for the removal of non-qualifying EU nationals from the register? Will the citizens of those nations need to re-register as new voters? Again, there is complexity here in terms of explaining what people’s voting rights are. For example, will the regulations mean that the checking process could be longer? Will it happen between now and 31 January? Will citizens of a nation with a newly created arrangement be removed from the register, even though, as the Minister outlined, they may be entitled to vote? I hope the Minister can outline that we will avoid a postcode lottery of registration in different circumstances.

I understand the communication requirements as part of these alterations, which could create confusing circumstances for citizens and campaigners seeking to get people registered to vote, which is what we all want to see—more people registered to vote. Also, to go back to the issue of the workload of our electoral officers, they would need to re-register people they may have just removed.

To conclude, we support this draft statutory instrument, but I would welcome reassurance from the Minister on some of those points. I am happy to follow up later if he did not catch them all.