Overseas Electors Bill (First sitting)

Geoffrey Clifton-Brown Excerpts

Wednesday 17th October 2018 Public Bill Committees

[Layla Moran (Oxford West and Abingdon) (LD)]

I beg to move amendment 1, in clause 1, page 1, line 14, after “citizen,” insert

“(iia) is aged 16 or over,”.

It is a pleasure to serve under your chairmanship, Mr Robertson. I put on record my congratulations, and those of the Liberal Democrats more generally, to the hon. Member for Montgomeryshire for presenting the Bill and steering it to Committee. The subject has been in our manifesto for a very long time, as I know it has been for most parties. I look forward to continuing to support the Bill.

Since this is my first Public Bill Committee—my party is quite small, so we do not feature on such Committees very often—I thought I had better make the most of it, so I decided to table some amendments. However, I reassure the hon. Gentleman that I have no intention of derailing anything, so I hope he will see my amendments in a spirit of improvement and nothing more.

Amendment 1 relates to a proposal that it is time to consider seriously: extending the franchise for overseas electors to 16 and 17-year-olds. That, of course, is in line with the policy of my party and many others. It is worth mentioning that, in the last general election, the majority of votes were cast for parties that support it. I am grateful to the Opposition Front-Bench spokesperson, the hon. Member for City of Chester, for adding his name to the amendment. I note that several other hon. Members present have also expressed support for extending the franchise for various reasons, and I hope I can count on their support today.

In the debate on the money resolution, the Minister said:

“Now is the time that we should reach out to our citizens—our people around the world—and say, ‘You are British, and we are proud that you are British and we welcome you into our democracy.’”—[Official Report, 16 October 2018; Vol. 647, c. 572.]

I sincerely hope she agrees that that should extend to 16 and 17-year-olds. Rightly, they play a crucial part in the Welsh Assembly, which last week voted overwhelming to include them in Welsh Assembly elections. As we know well, in Scotland, 16 and 17-year-olds played a critical role in the referendum. The idea that 16 and 17-year-olds are not ready to vote has been roundly proven to be wrong. As education spokesperson, I go around schools a lot. Young people are desperate for a chance to grab hold of democracy.

I was one of those 16 and 17-year-olds who would not have been in this country at that age. My father was a diplomat and we travelled around the world. At that point, I was strong in my Britishness and I felt so tied to the country. Just because I was not here on terra firma does not mean that my heart was not here. That is the spirit that the whole of the Bill expresses: just because someone is abroad does not mean that they are not British—quite the opposite.

I fully recognise and anticipate that the Minister will argue that the amendment would lead to an anomaly, as only those 16 and 17-year-olds who are overseas would vote in elections but not everyone else. I would accept that anomaly. It would show that 16 and 17-year-olds would and can participate in those kinds of elections and it may open the door to that wider debate. That is why it is important to talk about it today.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am sorry to fire a torpedo at the hon. Lady. Perhaps I am being thick, but the Bill deals with people who have been out of the United Kingdom for 15 years or more. How will that apply to a 16-year-old?

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[Christian Matheson]

There are already problems within the administration of electoral registration. We saw it at the 2017 election and we hear it now from electoral registration officers. Further cuts will put further pressure on those officers, and that will undermine their ability to manage the process efficiently. It is sadly a fact of life that, if local authorities are being asked to do more with less, they are more likely to spend it on areas other than electoral registration.

The Bill as it stands would demand a hugely complex administrative task of our electoral registration officers. They do not always have the necessary training or resources to be responsible for carrying out the in-depth, time-consuming research that is necessary to register overseas voters who are not present on any voter register. Local electoral officers would be expected to do extensive research into people’s past history and residency, for which they are not prepared. It would open electoral registration up to between 4.7 million and 5.5 million new overseas voters. Not all of them would choose to register, of course, but even if only a small proportion did, that would be fairly overwhelming for the already overstretched electoral registration officers.

Let us imagine, for a moment, the task of registering an overseas voter, who last resided in the UK 40 years ago. That is along the lines of the example given by my hon. Friend the Member for Ilford South about long-term absentees from the UK. They would have to provide to the electoral registration officer their name, date of birth, age and the last address for the last day on which they were resident in the UK. The electoral registration officer must then research and find the last residence of the applicant, without using the electoral register, if they have been away for that long. They would have to research whether the house still existed, whether the address was still the same, and which polling district, ward and constituency the house used to be in, taking into account all the boundary reviews.

That detailed information about the historical residence is difficult to find. I seriously doubt if electoral registration offers will be able to carry out that sort of research, even if it was not on a mass scale and there were only a few tens of applications every year. Will the Minister tell us whether she has had any conversations with local electoral administrators or the Association of Electoral Administrators to prepare them for this massive change and to warn them what might be coming down the road?

I am keen to wrap up shortly so that the Minister and the hon. Member for Montgomeryshire can respond. Amendment 33 seeks to extend and widen the franchise in the way the Minister spoke about in the debate on amendment 1. It does so by striking a balance between throwing the doors open completely to people who might not have lived here for many years and allowing those people who are perhaps in the service of the United Kingdom or one of its agencies.

The hon. Member for Beckenham mentioned members of the armed forces—one of the bodies included in the amendment. It puts me in mind of the 1945 general election, that landmark in British history and in the history of my party. The results of the election were delayed for several weeks for all the servicemen who were serving abroad and had to have their votes brought in. I had the privilege this year to visit our British forces in Estonia, Gibraltar and Cyprus. There clearly are British servicemen and women serving abroad.

Those service deployments are normally for only two or three years; some can be a little bit longer. There are, of course, also civilian deployed staff who may stay on deployment for far longer. My hon. Friend the Member for Nottingham North’s amendments make practical proposals that will help to roll out the extension of the franchise to overseas voters in a more measured and controlled fashion. I commend him for bringing them to the Committee.

[Sir Geoffrey Clifton-Brown]

I am very grateful, Mr Robertson, for your allowing me to speak. I do not in any way want to prolong the Committee, but I want to appeal to the hon. Member for Nottingham North by using one specific example of why his amendment should not be pressed, and I hope he will consider it seriously.

My hon. Friend the Member for North Thanet (Sir Roger Gale) yesterday instanced the personality of Mr Harry Shindler. Mr Shindler is 97 years old. He is bedridden. He is a war veteran of distinction: he served at Anzio. He came back to this country after the war. He married an Italian wife and went back to live in Italy, and he lost his vote in 1997. Under the hon. Member for Nottingham North’s amendment 34, the grandfather rights procedure, Harry Shindler would lose his vote. He said this last night, and members of the Committee might like to consider this:

“As the longest-serving member, and servant for many years, of the Labour Party, I am ashamed that Labour people…tried to stop this Bill yesterday. The Overseas Electors Bill is an issue of principle and not political. I went to war to give the people of Europe freedom and I and all British citizens should have our democratic right to vote. It is an elementary right and no Member of Parliament should deny any fellow citizen this right. It is disgraceful to try to block other British citizens like me their right to vote. I appeal to this Committee to do that which is just”.

He calls on us to right this wrong and to strengthen our “great democracy”.

I hope that the hon. Member for Nottingham North will consider the many people like Harry who have taken a great interest in this country, who fought for this country, but who have lost their right to vote. Surely, if we live in a great democracy—one of the oldest democracies in the world—we should consider people like Harry, and carefully consider giving them that right to vote. I hope that right hon. and hon. Opposition Members will not hold this Bill up.

[Glyn Davies]

I very much associate myself with the remarks of my hon. Friend the Member for The Cotswolds. He put that very well; I too know Harry Shindler.

The Bill will only enfranchise those who can prove a real and discernible connection to a UK address via a previous registration or residence. At its core is the need to scrap the 15-year rule for overseas voters and rightly ensure that this group can vote for life.

On amendment 33, I too recognise the valid contribution of individuals employed, for example, as Crown servants in the British Council or military personnel overseas. I am pleased that there are existing provisions in the Representation of the People Act 1983 to ensure that those categories of electors are not disenfranchised by the current 15-year rule. The Bill will mean that no other British citizen who was previously resident or registered in the UK will be blocked from voting in this country. That will apply equally to those who were employed overseas by a UK public authority or employed by a designated humanitarian agency. I hope, on that basis, that the hon. Member for Nottingham North will feel able to withdraw amendment 33.

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[Chloe Smith]

That is correct. The premise of the Bill is that the world has grown smaller in the way that the hon. Gentleman describes and that people are, or can if they wish to be, much more in touch with their home country. The point is that we are seeking to enfranchise those people who wish to be. We are throwing open that door, rather than opening it an inch at a time.

I will pick up on the reference to Mr Shindler, whom several hon. Members present know. I say this with the greatest respect, and I do not wish to be mawkish, but he is very elderly. Alas, if very elderly people were put in the position of being allowed in one year at a time, I do not think that would necessarily bode well for someone his age being able to get the justice that many of us feel that he and others deserve. I hope that that suffices as a thought towards amendments 34 and 35.

Let me come on to two other very important points that have been raised: the burdens that might be placed on registration officers, and how the Bill helps. Those points are absolutely relevant to this section of the debate. The point has been bandied about that registration officers should fear the Bill because it places new burdens on them, but that need not be the case. I want to send out a message to reassure members of the Committee and, of course, the registration community—the community of EROs, who work so incredibly hard to run our registration systems and then, with their colleagues, run our elections. New burdens that arise from this Bill will be funded by central Government. That is clear in the impact assessment; it has been made clear by my Department; and I make it clear again here today. The broader arguments made by the hon. Member for City of Chester about local government funding pressures are not relevant. New burdens from this Bill will be funded. I am very happy to reiterate that. It is there in the impact assessment and here in our discussion today.

There is a precursor to that—I can give a record of credit to it—which is that we did the same for the individual electoral registration reform. We have been fully funding electoral registration officers for the additional burdens brought by that reform. Indeed, we then went on to make further reforms to ease those pressures, because that is, of course, what we all want. We are not in the business of asking people to do more work for fun. We are in the business of asking people to do that work so that we have a flourishing democracy in which individuals’ voices count and British citizens are properly enfranchised and involved. Again, that is the fundamental point of this Bill.

[Sir Geoffrey Clifton-Brown]

To put this issue to bed, could the Minister say a little more? She is right about the financial implications of the Bill. The explanatory notes state clearly:

“The Government plans to provide funding for electoral registration officers’ costs, in accordance with the new burdens doctrine.”

Could the Minister give the Committee a little more information on how that would work? For example, would an ERO who had one application to register under the procedure get a different amount from an ERO who had 100 applications? How will the funding work?

[Chloe Smith]

I thank my hon. Friend for the opportunity to add further clarity. Essentially, the answer remains simple: all new burdens that arise from this Bill will be funded. I can also reassure the Committee that I am in close touch with the Association of Electoral Administrators, the Electoral Commission, of course, and the Society of Local Authority Chief Executives. They are all part of the wider community of registration officers and their colleagues in the relevant parts of local government who do such hard and important work for our society and whom we as a Government seek to support every step of the way.

On future reform, the UK Government, in partnership with the Governments of Scotland and Wales, are seeking to alleviate some of the pressures that relate to the canvass process in our electoral systems. That is another good modernisation opportunity and it will also relieve the pressures that registration officers can find themselves under from some of the aged processes in our electoral law for registering people. I am absolutely in the business of supporting our registration officers, finding ways to help them in their work and, specifically in the case of this Bill, ensuring that any new burdens are met.

Let me turn to some of the smaller changes proposed in the Bill. They are smaller compared with the big point of principle, but of course they are not small at all to an administrator whose job it is to operate the system. I can confirm that we will reduce the amount of information that an elector needs to supply in a renewal of registration. We are going to give EROs a more streamlined system for processing those renewals and recommend email as a method of communication between the ERO and the elector. There are a number of other ways in which we can help streamline those processes so that the Bill can achieve its really important goal—that big principle—while also creating a system that EROs will find operable and easy to play their part in as we extend the franchise to where it should be extended.