Overseas Electors Bill (Fourth sitting)

Glyn Davies Excerpts

Wednesday 14th November 2018 Public Bill Committees

Question again proposed.

[Glyn Davies (Montgomeryshire) (Con)]

Thank you, Mr Robertson. I shall miss our weekly meetings when they come to an end. I have little to say about the proposed new clause. The Bill is quite clearly defined and I do not believe that the new clause is necessary. We do not want to put in complications that make it more difficult for the electoral community and electoral registration officers. I hope, in the spirit of having a Bill that will help overseas electors to be able to vote, that the Opposition withdraw the new clause.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

Thank you for the chance, once again, to serve under your chairmanship, Mr Robertson. I will be brief. Can we believe that it was Halloween when we last gathered? Let us hope this is a more auspicious afternoon.

I will just repeat some themes that I raised in response to a previous group, particularly amendment 37, namely that the Government do recognise the time constraints on administrators when dealing with those last-minute applications to register to vote. That is true domestically, but it is true for overseas voters in particular. As I have said, we have already amended the timetable for parliamentary elections to maximise the time available. I certainly agree that overseas voters should be encouraged to register as early as possible, and I certainly hope that bringing in online renewals, which the Bill does, will assist in that.

Perhaps the message will go out from this Bill Committee and voters will in due course take inspiration and get ready to register to vote. Crucially, major organisations such as the Electoral Commission will, as part of their duties, ensure that people know what they have to do to register. Such organisations run those campaigns before elections to ensure that people are aware of when and how to register to vote.

I endorse the position of my hon. Friend the Member for Montgomeryshire. I do not think the proposed new clause is necessary. It raises important themes, but I think they can be considered in other ways.

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[Christian Matheson]

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

New clause 7 is about the nature of the representation of overseas voters. I understand what the hon. Member for Montgomeryshire has said about this being a simple Bill, but this proposal goes to the heart of some of our more serious concerns. Given the issues about the definitions of residence and local connection, there is a lack of clarity about where new overseas voters will register.

The proposed new clause requests a detailed report on the representation of overseas voters, including how they might be “represented by their MPs” and

“any additional demands that may be placed on MPs and their resources as a consequence of the provisions of this Act”.

The current guidance provided to MPs regarding constituency correspondence with expatriates is vague at best, perhaps because there are not many expatriate constituents at the moment. In its unamended form, the Bill does not define the responsibilities of Members of Parliament towards their overseas voters. We assume that the current precedents and position will be maintained.

The code of conduct for Members of Parliament simply states that Members have

“a special duty to their constituents.”

I am pretty sure that each and every one of us holds dear that individual link between ourselves and our constituents, with one Member representing a single constituency. Of course, conventions to preserve that special relationship—one with which other Members do not interfere—have developed over time. However, those precedents are not the subject of formal parliamentary rules, and it is therefore important that the Bill considers how individual Members can best represent the views of overseas voters registered in their constituency.

Given the Minister’s insistence, which I respect, on treating overseas voters with the same importance as UK-based, domestic voters, there needs to be a detailed discussion about how best to achieve democratic representation before we open the floodgates, potentially to millions of new voters. What assessment have the Government made of the representation of overseas voters by Members of this House? This issue is particularly significant as the Government are continuing with their plans to reduce the number of Members by 50, while at the same time increasing the number of voters by several hundred thousand or more. How would such an exponential increase in the number of overseas voters affect the resources given to individual Members of Parliament? I also ask the Minister whether the Government have any plans to monitor the representation of overseas voters by Members to ensure that their voices have equal value to the voices of domestic constituents, which is an aim that I respect.

The Minister has talked about extra resources for electoral registration officers. Have the Government considered whether any extra resources may be required to handle the growth in the number of overseas voters swelling the size of our constituencies, and will any representations be made to the Independent Parliamentary Standards Authority on that point? Have the Government considered whether, as a consequence of the Bill, they need to clarify if hon. Members are required to act fairly and equally in representing domestic and overseas constituents?

This probing amendment is designed to encourage consideration of the effect that the growth in the franchise will have on how we in this House operate, and whether sufficient resources are available. It is not my intention to delay the Committee too much this afternoon, but I would be grateful to hear other Members’ views.

[Glyn Davies]

I understand what has led the hon. Member for City of Chester to table the proposed new clause. I have a considerable understanding of why the Opposition have tabled many of their amendments throughout our consideration of the Bill. I have resisted a lot of those amendments because they have sought to extend the Bill into areas that I did not want it extended to. The purpose of the Bill is to extend the franchise, and I want to stick to that. That is my position on this new clause as well. I hope that the hon. Gentleman will not press it to a vote, because we need to stick to the purpose of the Bill.

[Chloe Smith]

I have two arguments on the treatment of new clause 7. First, I have a preliminary argument, if Members will bear with me. My comments in response to previous amendments that would have required reports on various matters and delayed the legislation until their publication stand true for new clause 7. Like my hon. Friend the Member for Montgomeryshire, whose arguments I endorse, I am sceptical about whether the proposed new clause would add value to the Bill.

I have two additional comments about the substance of the new clause. First, it asks for an assessment of the demands placed on MPs and of their performance in representing their constituents. That is not a matter for the Government in respect of constituents at home or overseas, and I do not accept that it should be. It is not for the Government to monitor or report on MPs’ performance of their duties. This is a clear case of the difference between the Executive and the legislature, and it is important that that difference stands. The code of conduct for Members of Parliament describes their responsibilities as Members of the House, and I think that is how this is best done. The application of the code is a matter for the House of Commons, and particularly for the Committee on Standards and the Parliamentary Commissioner for Standards.

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[Christian Matheson]

I rise briefly to thank the hon. and gallant Member for Beckenham for his generous words.

My hon. Friend the Member for Nottingham North has tabled an interesting proposal in new clause 13, and makes the point that registration in more than one constituency is not the norm, although it is not unusual. As he suggested, many hon. Members are registered in more than one constituency, myself included. That certainly is not something that we seek to prohibit because there are legitimate reasons for it; for example working in two places, being a student, or—dare I say it—being a multimillionaire and having more than one residence. There are legitimate reasons for doing so; the offence is in voting twice in the same election. I do not wish to put words in the Minister’s mouth, but I know that she is very keen to clamp down on electoral fraud.

My main concern relates to overseas registration. As there is no direct physical link—for example, a property where the voter is registered—it is slightly easier to register in more than one constituency for the same election.

New clause 14 is intriguing, as it targets an issue of concern that needs to be considered, and I would be interested to hear the responses from the Minister and the Bill’s promoter, the hon. Member for Montgomeryshire. The proposal of a national centralised register is an interesting idea. Now that voters are asked to provide their national insurance number when they register, it would be easier to make a national register of voters. We in Her Majesty’s official Opposition do not currently have a position on that, but I would be interested to hear the views of other members of the Committee. I thank my hon. Friend for his new clauses.

[Glyn Davies]

I can only, almost parrot-like, repeat the comments that I have made on so many amendments. I understand the thought process behind the proposed new clauses, but I feel that they are unnecessary. Voting in two places is against the law and I do not see any point in creating a huge new database, because that is unnecessary to achieving the Bill’s objectives.

I was impressed to hear my hon. Friend the Member for Beckenham make such complimentary remarks about the hon. Member for City of Chester. A number of people just over the border in Wales may well have the same positive view of the hon. Gentleman. It sticks in the back of my mind that a Welshman seen in Chester at certain times of day can be shot, legally, under medieval law.

[Christian Matheson]

After dark.

[Glyn Davies]

That might lead some people to have a pretty negative view of Chester, but I do not share that view. I like Chester, have been there quite often and always feel very safe.

I do not think that the proposed new clauses are necessary. The issues are already covered and I hope that the hon. Member for Nottingham North will withdraw the motion.

[Chloe Smith]

I am almost inclined to break up this Chester love-in and invite people to Norwich, an equally fine medieval city—some would say finer, but we will have to take that up in another Committee at another time.

The hon. Member for City of Chester is correct: the Government are 100% committed to maintaining the integrity of the register and guarding against electoral fraud. There are, however, already provisions in place to address the circumstances that new clause 13 seeks to address. I will briefly go through those for the Committee’s information.

Under the new system, all overseas applicants will be required to prove their identity and establish a verifiable connection to an address in the UK before they can be added to the register. That address must be the last one at which they were registered or resident. The Bill does not allow for cherry-picking, so that concern is unwarranted.

As I said in response to amendments tabled by the hon. Member for Nottingham North for an earlier sitting, the Bill sets out that the declaration made by the applicant must contain any of the prescribed information and satisfy any other prescribed requirement, which may include other information to be requested or a requirement for it to be attested. The Bill already contains tools to address some of the issues in new clause 13.

I turn to what electoral law already does before the Bill’s provisions come into force. As the hon. Gentleman has said, it is an offence to vote at more than one location in the same election—in this case, a general election. Conviction for such a practice carries a financial penalty, which is an unlimited fine in England and Wales, and up to £5,000 in Scotland.

The law already provides that a British citizen may register to vote as an overseas voter only in relation to one constituency. That will remain the position under the Bill’s provisions. If they were registered to vote in more than one constituency at the same time, it could be because false information was provided to an electoral registration officer. It is, therefore, already an offence under section 12 of the Representation of the People Act 1985 to provide false information to an ERO in relation to an overseas elector’s declaration. A person found guilty may face a fine, which is an unlimited fine in England and Wales, and up to £5,000 in Scotland.

Furthermore, it is an offence under section 13D of the Representation of the People Act 1983 to provide false information to an electoral registration officer for any purpose connected with the registration of electors. A person found guilty of that offence may face a custodial sentence of up to 51 weeks in prison, or a fine, or both. There is a separate offence of providing false information when making a postal vote application, under section 62A(2)(b) of the 1983 Act, and that is clearly stated on the postal vote application form. A range of offences are already covered in law, so proposed new clause 13 is unnecessary.

The changes proposed by new clause 14 are also unnecessary. It is already possible to obtain information about overseas electors. At present, each ERO maintains the register for their local area. Those officers will mark on that register those electors who are registered to vote as an overseas elector, and they will also produce a list of overseas electors for their area. Parties and candidates are entitled to be supplied with copies of the register and lists of overseas electors. EROs also produce electorate figures for the Office of National Statistics, which will then show separate figures for the number of overseas electors registered.

If I have read it correctly, proposed new clause 14 also argues for a single register of overseas electors. I hear the slightly broader argument made by the hon. Member for Nottingham North about whether there should be a single register of everyone in this country. The constituency link remains our guide in this case, as it does in all aspects of registration. The constituency link is very important to the way in which our electoral system has developed over decades, and it is also important in this regard. A single register for overseas electors would result in them being treated differently from domestic voters. The proposal is unnecessary.

I hope that those are helpful points of fact and argument. On that basis, I hope that the hon. Member for City of Chester, who is clearly beloved, will reconsider the matter, and that the hon. Member for Nottingham North will withdraw the motion.

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[Alex Norris]

I appreciate all the comments that have been made. In the spirit of what the hon. and gallant Member for Beckenham has said, it is important to be sure of the implications of these matters and to monitor them over time. I hope we will all keep an eye on that.

I am grateful to the Minister for clarifying the measures in the 1983 and 1985 Acts. That goes quite a way to reassuring me, so I will not push proposed new clause 13 to the vote. On cherry-picking, I did not miss the point about last registration, but I still do not know how on earth an electoral registration officer would know it was the last one. They would know it was a valid one, but they would not know what the person did next, if they had left the local authority area. That is perhaps something to consider as we go along, but probably not this afternoon.

That covers proposed new clause 13. I have served the purpose of proposed new clause 14 by giving it a run out, so I will not push that to a vote, either. On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Schedules 1 and 2 agreed to.

Question proposed, That the Chair do report the Bill to the House.

[Glyn Davies]

This may be traditional but it is not just a tradition: I really do want to thank everybody who has played a part in the Committee stage. There has been a huge amount of detail. I have been resistant to a lot of the amendments tabled, but I have tried to listen carefully to everything that has been said about them. A lot of good points have been made. It has certainly expanded hugely my knowledge of the issue and of private Members’ Bills. When I put my name in the ballot, I had not anticipated the commitment required. It will be interesting to see whether I will be inspired to accept a Whip’s instruction to put my name in the ballot next year. I thank everybody involved in our long consideration of the Bill, including you, Mr Robertson, for chairing the Committee so ably and in such a friendly manner, and all the officials.

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

May I pay tribute to my hon. Friend the Member for Montgomeryshire? He has handled this Bill in exemplary fashion. I persuaded David Cameron to put this measure in our 2015 manifesto, and I persuaded the Prime Minister to put it in our 2017 manifesto. I have had a very long interest in this matter and I am delighted that it has got through this stage.

I pay tribute to the Minister for all the work she has done. Long before she became the responsible Minister, she was a strong supporter of the matter. I also pay tribute to the Opposition, in a genuine sense. I have been a Member of Parliament for 26 years and I cannot remember how many of these Committees I have served on over that time, but I do not remember any that have been handled in such good-mannered fashion. I pay sincere tribute to the hon. Member for City of Chester and his team. With that sense of goodwill, I hope he will persuade his party to give the Bill a fair wind, when it comes to Third Reading and in the House of Lords, because that is the right thing to do and we need to get this on the statute book.