Elections Bill

John McDonnell Excerpts

Report stage
Monday 17th January 2022 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I call John McDonnell. There will be no time limit, but he must resume his seat no later than 8.55.

[John McDonnell (Hayes and Harlington) (Lab)]

I congratulate my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) on the work she has done, and also my hon. Friend the Member for Nottingham North (Alex Norris) on his eloquent presentation. I serve on the Public Administration and Constitutional Affairs Committee, and we have urged the House to pause the Bill and not go forward. I too am offended by the limited amount of time that we have been given this evening. The reason we said that is that with constitutional changes such as these, we need to build confidence. The way to do that in the parliamentary process is to have a draft Bill, a Joint Committee and adequate debate before bringing the legislation back here. We took evidence from a whole range of people, and we found no one who supported the Bill being developed at this pace. Helen Mountfield QC said that we risked the allegation that this was being done for political advantage. I regret that.

I want to deal briefly with the voter ID issue. Personation was the issue that was presented to us, but we found limited evidence of that. Also, the pilots were limited. We had one big pilot, though, and it was in Northern Ireland, where 2.3% of the electorate dropped out. If we extrapolate that to our electorate here, that would mean over 1 million people dropping out. Who would that be, most of all? It would be elderly and disabled people, those in residential homes, and members of the BAME and LGBTQ communities.

The reality is that this Bill is being pushed through. Unfortunately, I believe that it is part of a process of voter suppression and that the Conservatives are learning lessons from America. What I fear most of all is the interference in the Electoral Commission, because that presages the Government coming back with more that will undermine our democracy. I believe that would be a stain on this House.

[Kemi Badenoch]

With the leave of the House, I would like to address some of the points that were raised during the debate. I am afraid that I will not be able to speak to all the amendments. I have to say that I am disappointed, but not surprised, that the Opposition remain unable to see the necessity of this simple and proportionate protection for the integrity of our ballot. The fact is that voter ID is supported by the Electoral Commission. It is backed by international election observers who have repeatedly called for the introduction, saying that its absence is a security risk. It is long-established in liberal democracies across the world and is already in place in Northern Ireland.

The Opposition have suggested that specific groups, such as young people or ethnic minorities, would automatically be unwilling or unable to access the freely available voter card. These suggestions are based solely on assumptions about implementation—assumptions that are incorrect and harmful. I will be unambiguous in setting this out. Anyone who is eligible to vote will continue to have the opportunity to do so. The voter identification policy proposals have been informed by a significant amount of research. I reject the points made by the right hon. Member for Hayes and Harlington (John McDonnell). That is not the research that has been carried out by the Cabinet Office, which is quite robust. A significant amount of work has been done with civil society organisations and other key stakeholders.

I thank my right hon. Friend the Member for Basingstoke (Mrs Miller) for her point about the length of election campaigns. She will know that I have looked into this issue, but I am afraid that I have not been able to find the perfect solution for her within the Bill. I acknowledge many of the points that she has made about lengthy campaigns, but I draw her attention to the argument made by the Association of Electoral Administrators in its written evidence to the Joint Committee about the risk of disenfranchising potential electors were the period to be shortened.

I shall also respond to some of the questions from the right hon. Member for Walsall South (Valerie Vaz) on joint campaigning. The measures are simply intended to strengthen the principle of spending limits already in law. They protect the level playing field by ensuring that groups cannot unfairly expand their spending limits when they are conducting a joint campaign. It is logical to extend this principle to political parties and third-party campaigners who work together. All registered political parties and third-party campaigners will be able to continue to campaign as they do now, but they will have to account for any spending that is part of a joint campaign in which they are involved. She also asked specifically about groups such as Operation Black Vote, which is simply campaigning to encourage people to vote. It will not be caught by those new rules as it would not qualify as regulated election campaign expenditure.

There were several issues raised by hon. Members on candidates’ home addresses. I have noted the concerns that my hon. Friend the Member for Bosworth (Dr Evans) raised about the current provisions. However, any further amendments in this space, although they may seem straightforward at first sight, would entail challenges for consistency in the rules that need to apply equally across differing areas of the country and that require careful and comprehensive consideration. The drafting of the proposed amendment, if accepted, would work well for candidates in rural areas, but it may lead to a less consistent approach for those in cities or remote locations. However, I am grateful that he says this is a probing amendment. I will ask my officials to explore these important issues and remain open to further conversations about how we can improve the current system.

I turn now to new clause 15, tabled by my hon. Friend the Member for North West Durham (Mr Holden), which deals with dual registration. I thank him very much for the points that he raised. He is right that voting twice in an election to the same body is a violation of the principle of one person, one vote. It is an offence that already carries a considerable penalty. I share the desire to take action to reduce the risk of this happening, but I do not think that the new clause would achieve that aim. It would be costly and impractical to implement at this time. I am sympathetic to the broad intention of the new clause, which is in line with the Government’s commitment to strengthening security and reducing the opportunity for fraud. This is also similar to new clause 10, tabled by the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier). I understand the points that she raised. We do not think that the amendment is appropriate, for similar reasons, but I am open to further conversations.

I recognise many good points raised by my hon. Friends, including my hon. Friend the Member for Wycombe (Mr Baker), saying that we could have gone further. I am sure that this is not the end of looking at electoral integrity. We will continue to see how the franchise can be strengthened. I urge Members not to support the Opposition amendments. I hope the Government amendments will be supported.

Question put and agreed to.

New clause 11 accordingly read a Second time, and added to the Bill.

New Clause 12

Purposes referred to in section 39

“(1) This section sets out the purposes referred to in section 39.

(2) The first purpose is influencing the public, or any section of the public, to give support to or withhold support from—

(a) a registered party,

(b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

(c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

(3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

(4) The second purpose is influencing the public, or any section of the public, to give support to or withhold support from a particular candidate or particular future candidate.

(5) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate.

(6) The third purpose is influencing the public, or any section of the public, to give support to or withhold support from an elected office-holder.

(7) The fourth purpose is influencing the public, or any section of the public, to give support to or withhold support from elected office-holders who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of elected office-holders.

(8) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (6) or (7), it is immaterial that it does not expressly mention the name of any elected office-holder.

(9) The fifth purpose is influencing the public, or any section of the public, to give support to or withhold support from—

(a) the holding of a referendum in the United Kingdom or any area in the United Kingdom, or

(b) a particular outcome of such a referendum.

(10) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (9)(b), it is immaterial that it does not expressly mention a particular outcome of a referendum.

(11) In this section “referendum” does not include a poll held under section 64 of the Government of Wales Act 2006.”—(Kemi Badenoch.)

This new clause and Amendments 22 and 23 replace the purposes set out in clause 39(3) as the purposes intended to be achieved by paid-for electronic material in order for Part 6 to apply to the material. In particular the New Clause makes it clear that this covers material in support of categories of parties, candidates and elected office-holders and applies whether or not the material expressly names the party etc.

Brought up, read the First and Second time, and added to the Bill.

Elections Bill

John McDonnell Excerpts

Consideration of Lords amendments
Wednesday 27th April 2022 Commons Chamber

[Beth Winter (Cynon Valley) (Lab)]

rose—

[John McDonnell (Hayes and Harlington) (Lab)]

Follow that!

[Beth Winter]

How do you follow that?

In the week in which the Government intend to prorogue the House, they have voted to carry over three Bills, and this is the fifth Bill they seek to force through following repeated Government defeats in the Lords. The Government really are losing their grip, and I regret that, in response, they are seeking to grab democracy by the throat.

I wish to confine my comments to Lords amendments 22, 23 and 86, which I support. First, let me highlight the extraordinary developments regarding the clauses that affect the work of the Electoral Commission. I express my support for Lords amendments 22 and 23, which removed what were clauses 15 and 16. As others have said, those clauses gave the Government the power to establish a Government strategy and policy statement for the Electoral Commission, and to place a duty on it to have regard to guidance issued by the Government relating to any of its functions.

3.30 pm

The Bill’s erosion of the commission’s independence gave rise to the letter signed by its chair and all but one of its board members on 21 February this year, which said:

“It is our firm and shared view that the introduction of a Strategy and Policy Statement—enabling the Government to guide the work of the Commission—is inconsistent with the role that an independent electoral commission plays in a healthy democracy. This independence is fundamental to maintaining confidence and legitimacy in our electoral system.”

The letter went on:

“The Commission’s accountability is direct to the UK’s parliaments and should remain so, rather than being subject to government influence.”

For that reason, I urge the Government to think again about the measures.

The Public Administration and Constitutional Affairs Committee also wrote to the Minister only last week to strongly urge the Government to accept the amendments tabled in the House of Lords by Lord Judge that removed clauses 15 and 16, as the Committee recommended in its report. Furthermore, in lieu of any Government support for the amendments, the Committee urged the Government to consider amending the Bill

“to provide that the Electoral Commission is able to depart from the guidance set out in the Statement if it has a statutory duty to do so or if it reasonably believes it is justified in specific circumstances”.

Regrettably, the Government have not done so, which is why I support Lords amendments 22 and 23.

Let me turn to Lords amendment 86, on voter ID, in respect of which I wish to draw some parallels with the Welsh experience. Initially, the Welsh Government withheld legislative consent for the Bill because it affects Welsh elections, because there was an issue with consulting the Welsh Government and because it negatively affected devolved powers. However, the Government have since conceded on some of those concerns and it is welcome that their voter ID proposals will not now apply to Senedd or Welsh council elections.

Although the Senedd has now granted legislative consent, there are still concerns about the Bill in all sorts of respects, but specifically with regard to voter ID. The Welsh Government say that the UK Government plans for voter ID risk making voting harder. Although I welcome the fact that the provisions do not apply to Wales, the inconsistencies between UK parliamentary elections and Welsh elections will cause all sorts of confusion for electors in Wales.

I support Lords amendment 86, which was tabled by Lord Willets and adds an additional list of documents that would be accepted as a form of identification for electors, for the reasons already given. The relevant part of the Bill is discriminatory and will disenfranchise millions of people. We already have extremely low turnouts for elections—the evidence is there—which is why in Wales we are doing the opposite and looking into different methods to encourage people to turn out to vote.

I will conclude with a quote from our Counsel General, Mick Antoniw, because the Welsh Government remain opposed to the Bill, which they believe—Opposition Members share these views—

“is more about voter suppression and enabling foreign funding than enhancing electoral democracy and integrity.”

--- Later in debate ---

[Patrick Grady]

I am delighted by the hon. Gentleman’s conversion to the cause of European democracy and alignment. The simple answer is that Scotland has one of the widest, most open and transparent franchises that has ever existed in western democracies. It includes 16 and 17-year-olds, asylum seekers—people who have made their home here—and people who are serving certain types of prison sentence, because we want to rehabilitate everyone and bring them back into the democratic fold. That is the franchise that will deliver independence for Scotland. Unlike the UK-wide franchise—[Interruption.] Conservative Members seem to find this highly amusing. They can laugh all they want once Scotland has voted for independence in the next couple of years, because that is the reality; it is not far away now, and it will be achieved on that wide and open franchise, whereas the UK-wide electoral system will be weakened and undermined by this Bill and by the Government’s refusal to accept the Lords amendments before us.

[John McDonnell]

I apologise to the Minister for being a few minutes late and therefore missing her introduction; I received a green card asking me to visit a constituent who was lobbying me.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I can assure the right hon. Gentleman that I knew he was here before, out for a very short time, and here for the majority of the Minister’s opening speech.

--- Later in debate ---

[John McDonnell]

The constituent was lobbying on the abolition of imprisonment for public protection, and I am visiting one of her sons in prison, so I felt the need to see her.

I want to make three very simple points. When we get to this stage in the parliamentary Session, people start to become a bit light-headed, so let us try to concentrate on three issues. I am a member of PACAC, whose Chair, the hon. Member for Hazel Grove (Mr Wragg), is here. Every time he makes a parliamentary intervention, he increases my respect for him. Electoral officers were looking for a Bill that was much more comprehensive and wrapped up a whole range of issues; they were looking to bring together existing practices in one piece of legislation, and to look at new challenges that they faced. Those challenges are not reflected in the Bill.

On the amendments, one of the main concerns about the operation of the Electoral Commission that the Government seem to identify is that it needs more direction by way of a Government ministerial statement. That was not part of any of the evidence that we heard from electoral administrators. This goes to the heart of the independence of the electoral administration of this country. That is why people are fearful. I have ranted on this before, and do not want to go into the arguments again about our being on a slippery slope to something that could be quite dangerous. However, if there is to be a statement from the Secretary of State, which I think is completely wrong, there needs to be at least some acknowledgement by the Government that there should be more of a role for Parliament in drafting it.

I want to ask the Minister a question, and I will give way if she can respond. Did I hear correctly that the statement will be dealt with by the affirmative procedure, but not the super-affirmative procedure? Can she clarify that by way of intervention?

[Kemi Badenoch]

Yes, I am happy to confirm it is the affirmative procedure.

[John McDonnell]

We introduced the super-affirmative procedure about a decade ago, I think, and it enables the House to amend the statement. What happens under the super-affirmative procedure is that the Minister publishes the statement, there is consultation, the Parliament comments on that, and then the Minister brings back the statement in the light of those comments. Actually, it works. If we look at past practice, what has happened is that even when there has been considerable dispute, the Government and the Secretary of State have usually been able to amend the statement and we have reached consensus. I urge the Government to follow that procedure, rather than the “take it or leave it” of the affirmative procedure.

We raised this issue in the Public Administration and Constitutional Affairs Committee with the Secretary of State. With the Government majority as it is, “take it or leave it” means that the Secretary of State is dictating terms to the Electoral Commission and therefore undermining the independence of the commission, as my hon. Friend the Member for Cynon Valley (Beth Winter) said in quoting the letter from the commissioners themselves.

In another debate on another matter some years ago, people on the Government Benches—I thought it was interesting and constructive—said, “When you legislate for this, you have to legislate for your worst scenario.” Someone stood up and said, “Just think if John McDonnell was in power.” I therefore just say this: what we legislate for today might well be done in good faith by Government Members, but we have to guarantee in legislation for the future at least some form of level of practice that we can all support. I disagree with the whole concept of the statement, which undermines the commission’s independence. If we are to have one, at least give us the opportunity to have a proper debate and amend the statement before it is formally agreed.

My second point is about ID. On PACAC, we could not find evidence of large-scale electoral fraud. To address the point that the hon. Member for Gedling (Tom Randall) was making time and time again very eloquently, and at times with some amusement, the issue around it is that if we cannot find the evidence, it might still be happening. We therefore have to make a judgment when legislating as to whether the remedy we are introducing will cause more harm than the problem we are addressing. That is a subjective judgment.

A number of us have come to the view that, no matter how many times we have trawled for evidence of large-scale electoral fraud, we could not find the evidence that there were not sufficient powers to deal with the issue. The only time there was a real problem was Tower Hamlets. There was a special investigation, and special measures were taken, and I hope and believe the problem has been properly addressed. My worry is that the remedy we are introducing will suppress votes, whether intentionally or unintentionally, and will do greater harm than the harm we see at the moment, which is relatively minuscule, but there we are—that is a judgment.

[Tom Randall]

I enjoy serving with the right hon. Gentleman on PACAC. As a footnote to what he is saying, one of the concerns I have, which is shared by many—I know we divided on this in the Committee, and I found myself in a minority of one—is that allegations of offences are not properly investigated by the police. He might consider that to be a separate issue. As another footnote, he mentioned Tower Hamlets. Next week, we find ourselves in the horrible situation that Lutfur Rahman, who was the man who perpetrated all that electoral fraud, is on the ballot paper in Tower Hamlets. It is a fact that these problems have only been investigated to an extent, it seems.

[John McDonnell]

That is a valid point. Rather than change legislation, which could introduce a remedy that does more harm than good, it is a matter of looking at how the existing system is working to ensure proper resources for investigation. The point that the hon. Gentleman makes about the individual—I will not name them—is about whether the sanctions were severe enough to prevent such a return. That is the way forward on all that.

The other aspect is about the list of alternative provisions that the Lords have come up with. If the Government had looked at them and said, “Okay, we’ll accept some and not others,” that would have been a better approach, because it would have demonstrated an open mind to work towards something that I think could operate effectively, even though I oppose the whole concept of the use of ID as a result of this legislation. The Government did not even do that, however. To reject the list wholesale demonstrates that they have dug themselves into a hole. I think that we will have to come back to a new piece of electoral legislation in due course that does exactly what the returning officers wanted and consolidates our electoral registration and also remedies some of the unfortunately difficult parts of this legislation.

Those difficult parts could be quite dangerous. I caution about the issue around suppression. I stood for election in my constituency in ’92 when poll tax had been introduced and 5,000 people dropped off the register there—by the sound of it, most of them were Labour voters because I lost by 54 votes. That demonstrates that, if necessary, people will drop out of the system, which worries me. It is not so much that the votes go missing but that those people become distant from the democratic process. They do not engage and, if they do not engage once or twice, it is very difficult for them to re-engage. That is why what seems like relatively minor procedural legislation could have a dramatic effect, particularly in certain constituencies, and could be quite dangerous in the hands of future Governments. I urge the Government to think again on that.

[Michael Fabricant (Lichfield) (Con)]

I am following the right hon. Gentleman’s argument with great interest. A constituent of mine wrote from a church to say that a number of her colleagues in the church are too old so they do not have passports or driving licences. I looked on the Government website and it would seem that local government can issue photo ID cards. Does he not think that to achieve the democracy that he and I want, it is incumbent on local government—although I hate to throw things at it—to ensure that such people get voter ID cards and to publicise that they are available?

[John McDonnell]

Two things on that: first, the hon. Gentleman is right to make us wary of putting even more responsibility on local government given its financial situation; and secondly, those cards have to be applied for, which is another process to go through that becomes costly. The hon. Member for Gedling intervened; it looks as though only 70% of people will actually do that, so we are still looking at a number of people dropping out of the system altogether.

That is why, with other colleagues, we are looking at what else people will have that they could use and why I thought that the list in Lords amendment 86 was constructive. There might be elements of that about which the Government think, “Well, that’s a bit iffy,” but I would rather that they had come back and said, “Well, let’s rule these ones out but accept the others.” They did not, which for me undermines their argument that they are trying to construct a legislation that will work effectively to ensure maximum democratic participation.

I am trying to be ultra-reasonable here, because people can lose their temper about this sort of legislation. My view is that whatever ping-pong takes place now, the two elements that we are talking about could be easily remedied. I want them to be dropped altogether, but if the Government will not drop them, then on the statement we should use a super-affirmative resolution process, and on the voter ID stuff they should at least look at some of the mechanisms and the list that the House of Lords has put forward, because several of the items are perfectly valid for their use. I will leave it at that.

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to contribute to the debate. I wish to speak to Lords amendments 106 to 109, as they pertain to local elections in Northern Ireland and elections to the Northern Ireland Assembly. I totally agree with what the Minister said earlier, in particular about photographic ID. We have had that in Northern Ireland for a number of years, and it has proven to be successful. I understand exactly the principles of why it is important. All a polling card confirms is the name and address on it; it does not confirm anything else. That is why I believe photo ID is critical.

In Northern Ireland, someone can use a passport, a driving licence, a SmartPass or a war disablement pass, because they all contain someone’s name and address and also their photograph. The Minister is absolutely right that those are methods of doing this. We also have another method—it goes back to what the hon. Member for Lichfield (Michael Fabricant) mentioned in his intervention on the right hon. Member for Hayes and Harlington (John McDonnell)—and that is electoral identification. Because we have an election coming up in Northern Ireland, people are coming in almost every day of the week to be registered so that they can use that electoral ID, with a photograph, which is recognised and issued by the Electoral Commission in Northern Ireland. It is done not by local government but centrally, by the Electoral Commission. Those are examples of why voter ID is important—because it works.