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

Debate between Ian Lavery and Rachel Maclean

Tuesday 12th September 2023 General Committees

[Rachel Maclean]

Thank you for correcting me, Mr Gray. Clearly there is something wrong with the universe; let us hope that it is now listening to my plea. It is a pleasure both to serve under your chairmanship and to bring forward these important regulations.

The Government are committed to protecting the integrity of our democratic process, and we have delivered on that commitment. Last year, Parliament passed the Elections Act 2022, which includes safeguards to prevent individuals from exploiting the absent voting process and stealing votes. Today I am delighted to bring forward five statutory instruments that flow from that Act. I will talk through each instrument in detail, turning first to the draft Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023.

The Elections Act introduced a requirement to reapply for a postal vote at least every three years in Great Britain, as a result of which identifiers—in particular, the elector’s signature—will also be updated. This will help electors to stay alert about arrangements they have in place, ensure that a person’s eligibility to vote by post is reviewed on a regular basis, and reduce the risk of redundant postal ballots being issued. I appreciate that it will mean a change for long-term postal voters, but empowering them to stay informed and in control of- their vote is a positive step. The measure will help prevent voters from being unduly pressured into having a postal vote and using it under duress. To make the transition as smooth as possible, this statutory instrument allows existing long-term postal voters’ arrangements in Great Britain to continue until 31 January 2026, giving them more time to make a fresh application under the new system. Electoral registration officers will be required to make those whose postal vote is due to expire aware in advance and outline the new application process.

The instrument also introduces a limit to the number of electors for whom a person may act as a proxy. That limit is four, of which no more than two can be domestic electors—that is, an elector who is not registered as an overseas or service voter. The regulations will update all relevant prescribed forms to make sure the new limits are set out. Two of the instruments that I will turn to shortly will implement this limit in Northern Ireland. There is a concern that under existing arrangements, electors can be coerced into appointing a proxy to control how they vote. The new arrangements will ensure that the scope for fraud is reduced by limiting the number of electors that a person may act as a proxy for.

[Ian Lavery (Wansbeck) (Lab)]

Will the Minister clarify a point? Is there any Government evidence to prove that there has been interference with proxy and postal voters? It seems to me that the change to the legislation is based on something. Is there any tangible evidence?

[Rachel Maclean]

That is a valid question. The hon. Gentleman will recall that there have been multiple parliamentary debates in both Chambers on the principles of the Elections Act. That Act was passed by both Houses and we are now implementing these detailed proposals. I refer him to those debates for much more information than I am able to provide in this narrowly focused Committee.

The regulations also introduce an identity check at the point of application or reapplication for a postal or proxy vote, mirroring similar checks that are already in place in Northern Ireland. The elector will be required to provide their national insurance number, which will be checked against Department for Work and Pensions data. Where the elector cannot provide that information, they will need to give a reason as part of the application. Where an individual does not have a national insurance number, the electoral registration officer may request other specified documentary evidence or an attestation to demonstrate their identity.

In addition, we are committed to ensuring that our elections are modern and accessible by creating a new digital route for electors in Great Britain to apply online to vote by post or by proxy. The new digital system will remove the reliance on cumbersome paper-based processes and will operate similarly to the register to vote service, passing absent vote applications on to the relevant electoral registration officers for processing. The revisions of postal and proxy rules will apply to all elections reserved to the UK Government in Great Britain, as will the online application service.