All 1 Ian Lavery contributions to the Elections Act 2022

Read Bill Ministerial Extracts

Mon 17th Jan 2022
Elections Bill
Commons Chamber

Report stage & Report stage

Elections Bill

Ian Lavery Excerpts
Kemi Badenoch Portrait Kemi Badenoch
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Yes, I have had a meeting with AEA representatives and we talked about a range of issues. I cannot remember the discussions verbatim and to the letter, but these are matters that we are taking into consideration throughout.

Ian Lavery Portrait Ian Lavery (Wansbeck) (Lab)
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A Government’s role should be to try to encourage more and more people into the democratic process. The introduction of photo ID cards, in my view, will do exactly the opposite. Can the Minister explain to the House how the introduction of photo ID cards will increase participation, particularly for the elderly and those in vulnerable communities?

Kemi Badenoch Portrait Kemi Badenoch
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We have tested this measure in extensive pilots. Most people have photographic ID, and those who do not will be provided with voter ID free of charge. It is important that we protect the franchise. This regulation has not been updated since 1872. We have debated it extensively—perhaps the hon. Gentleman was not present when we discussed it—and we are confident that it will not have an impact on voting.

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Maria Miller Portrait Mrs Miller
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This debate is about important changes to one of the pillars of our democracy: the way we run free and fair elections. May I commend my hon. Friend the Minister for her diligent work listening to the debate and deliberations, and for making the changes that she has put before us?

I will speak in particular to Government new clause 11 and new schedule 1. In September, in the earlier stages of the Bill, the then Minister, my hon. Friend the Member for Norwich North (Chloe Smith), stressed the importance of an elections system that works for voters. Making that system work for voters is where I will focus my remarks.

New clause 11 is linked to absent voting and a power to make regulations, and it paves the way for new schedule 1. New schedule 1 includes verification evidence needed to register, but also, importantly, the opportunity to introduce online absent-voting application services. I think that is a really important step forward because those provisions potentially give us an opportunity to absolutely make the system better for voters, particularly those who are absent, who in the past have had to take many days, or even weeks, to make an application to vote. This system of online applications could well improve things significantly.

Ian Lavery Portrait Ian Lavery
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Will the right hon. Lady explain how what she has just said will encourage people from right across the political piece to participate in the democratic process?

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Cat Smith Portrait Cat Smith
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I begin by disagreeing with the hon. Member for Broadland (Jerome Mayhew). I do not feel that the Bill has had sufficient time to be properly scrutinised by the House. This is the first time that we have had the opportunity to discuss the legislation since the publication of the PACAC report. There are members of that Committee who have yet to speak and the time is now 8.45 pm. I flag to the Minister that if that is her approach to constitutional Bills, she will not bring the whole House with her, which is a dangerous precedent to set.

On amendment 1, which would remove the voter ID clause in the Bill, many Opposition Members have clearly set out the case. Ultimately, it comes down to what is proportionate. Obviously, cases of voter fraud should be pursued by the police and the Electoral Commission, and our police forces should have the resources to be able to pursue those people to get justice, but is the requirement to show photo ID proportionate to the scale of the crimes that are happening?

In 2019 there were only 34 allegations of impersonation, which is probably the widest way that we can look at it, which works out as 0.000058% of all the votes cast. As was pointed out by the shadow Minister, my hon. Friend the Member for Nottingham North (Alex Norris), who made such a good first appearance at the Dispatch Box on this topic, someone is more likely to be struck by lightning three times.

I flag that while Neil Coughlan is waiting to have his case heard by the Supreme Court, there is a question mark over the way in which the pilot trials were conducted. I urge the Minister to take a closer look at that case and assess whether this is the right time. The PACAC report was clear that the measures are being rushed through and that, with cases still before the courts, it is not a sound way to legislate.

If the Government want to fulfil their manifesto commitment to ensure votes for overseas electors, they can do so by decoupling the permission to donate, because that seems to be where the tension is in the House. If the Minister is seeking to bring about compromise on this important Bill, she could do that by accepting new clause 2.

On the Electoral Commission, it is right that it is accountable to us in this House. Throughout the proceedings on the Bill, Ministers have stood up and said that Ministers can make strategic statements for other bodies, but this is a body that regulates political parties, and the party of Government gets to decide the strategic direction for the Electoral Commission, which would then be challengeable in the courts.

There is nowhere else globally—I have tried to find an example—where that happens. Our democracy most closely mirrors New Zealand, Australia and Canada, whose electoral commissions are independent. It is important that the voters have confidence in an independent Electoral Commission. This Bill will throw that into doubt, and by throwing that into doubt we are throwing the confidence in our democracy into doubt.

I wish that I had longer to speak, because there is an awful lot that I would like to say about a pattern of behaviour that has been emerging over the last decade from this Conservative Government, including the introduction of individual electoral registration. We lose 2 million voters and that is the snapshot they use to propose a boundary change to reduce the number of MPs to 600. Then a general election throws up some different results and suddenly we are back up to 650 MPs. We look at the Owen Paterson affair, which involved changing the rules to protect their mates. Democracy in this country is a precious thing. It is under threat globally.

Ian Lavery Portrait Ian Lavery
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Does my hon. Friend agree that this Bill is not really about updating electoral law? It is about driving a bulldozer through the electoral processes of this country, demolishing our democracy, disenfranchising 6 million trade unionists, disenfranchising charities and vulnerable people, and moving them away from voting in this country, rather than towards democratic process.

Cat Smith Portrait Cat Smith
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I completely agree with my hon. Friend. This should have been a Bill to solidify and make our electoral laws more simple and straightforward, but it actually adds an extra layer of complexity.

Criminalising political protest through the Police, Crime, Sentencing and Courts Bill, removing the 15-year rule, which opens our democracy to foreign money, and gagging unions and charities from campaigning in elections while making it easier for foreign money to flood our political systems demonstrate a pattern of behaviour from this Government that is undermining democracy in this country.

I believe that the Minister is a good person, and that the previous Minister is a good person. When the previous Minister gave evidence to PACAC, she made it clear that she would not give political direction to the Electoral Commission, but she was not the Minister forever, and the Minister who sits here today will not be the Minister forever. The Conservatives will not be in government forever. We need to ensure that when we in this House legislate, we prepare for the worst-case scenario. If a fascist or far-right party got control, and we had set up structures that allowed it to ride roughshod over our democracy, could we honestly say that we had done a good job? I do not think so.