European Union Referendum Bill

John McDonnell Excerpts

Thursday 18th June 2015 Commons Chamber

Conduct regulations, etc

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

I beg to move amendment 48, in page 2, line 30, at end insert—

‘(aa) the provision made under subsection (1)(a) shall include making arrangements to allow all those entitled to vote in the referendum to vote by electronic means.”

The amendment would provide for electronic voting in the referendum.

[The Temporary Chair (Sir Roger Gale)]

With this it will be convenient to take the following:

Amendment 3, page 2, line 39, leave out subsection (2) and insert—

‘(2) The referendum shall not be held on the same day as:

(a) elections to the Scottish Parliament;

(b) elections to the National Assembly for Wales;

(c) elections for the Mayor of London; or

(d) local authority elections”.

The amendment would prevent the referendum being held on the same day as Scottish Parliament, National Assembly for Wales, London mayoral or local authority elections.

Amendment 7, page 2, line 39, leave out subsection (2) and insert—

‘(2) The referendum shall not be held on the same day as elections, other than by-elections, that are scheduled to take place for:

(a) the Scottish Parliament;

(b) the National Assembly for Wales;

(c) the Northern Ireland Assembly;

(d) the Gibraltar Parliament;

(e) Police and Crime Commissioners in England and Wales;

(f) the London Assembly and Mayor of London; or

(g) local authorities and mayors in the United Kingdom and Gibraltar.”

The purpose of the amendment is to ensure that the referendum is not held on the same day as other polls.

Clause 4 stand part.

Amendment 8, in clause 6, page 3, line 37, at end add—

‘(5) Regulations made under this Act or the 2000 Act in respect of the referendum must be made and come into force not less than six months before the start of the referendum period.”

The purpose of the amendment is to ensure the legislative framework for the referendum is clear at least six months before it is required to be implemented or complied with.

Clause 6 stand part.

Clauses 7 to 11 stand part.

[John McDonnell]

Given the limited time available, I will be brief. I know that other hon. Members wish to speak on the other amendments. I just want to warn the Committee that on subsequent occasions I will bore Members by going on about electronic voting as often as I can. We have been waging a campaign for 15 years to see whether we can update our electoral methods and bring them into the 21st century. For brevity’s sake, I will circulate the notes prepared by the Library for those Members who are interested. I want to thank Isobel White, the researcher, for preparing the notes, which go through the history of electronic voting, including the various pilots that we have undertaken since 2000.

We started the adventure way back in 2000, when we established the first pilots, and we had more in 2002, 2003, 2006 and 2007. At each stage we had reports back on the enhancements that electronic voting would bring to our procedures. The background to the attempt to introduce electronic voting is the declining turnout in elections, although the key issue is whether the subject of an election excites the general public, such as in the Scottish referendum. If people feel the issue is important enough, they will turn out and vote, but unfortunately they do not have the same incentive in some elections. Part of the issue, therefore, is ensuring that voting is as easy as it can be, and we have been piloting electronic voting for a long time.

The Speaker’s Commission on Digital Democracy has explored the issue in the last two years and made several recommendations. The remaining issue to be confronted is the security of online voting, but I do not believe it to be an insuperable problem. The reason for raising the issue in the debate on the Bill—as I will for every other Bill that we consider, including the trade union Bill we are expecting—is to ensure that we force the Government to resolve the issue of security, which seems to be the only thing holding this back.

[Kelvin Hopkins (Luton North) (Lab)]

This is possibly the first time in 18 years that I have had a slight disagreement with one of my hon. Friends, but my hon. Friend suggests that changing the way we vote will increase turnout. We introduced postal ballots for that reason and we have still seen a big decline in turnout. People do not vote if they see less difference between the parties: if there is a real difference and they have a real choice, they turn out to vote.

[John McDonnell]

Thank goodness, we are not disagreeing. That is the point that I tried to make earlier, but in a more complicated fashion. The issue about turnout is how people are incentivised to vote, but the minimum we can do is increase the access to voting procedures. We have done that through postal voting, as my hon. Friend says, and we have just introduced electronic registration, to assist in the registration process. It was argued that once we had introduced electronic registration we would revisit online voting, but unfortunately that is not the case in this legislation. I hope that the tabling of the amendment will make the Government go back to the Electoral Commission and ask it to make detailed proposals. Even if we have to pilot electronic voting in some areas in this referendum, we may be able to overcome some of the problems that have been identified.

[Mr Stewart Jackson (Peterborough) (Con)]

Not for the first time, the hon. Member for Luton North (Kelvin Hopkins) speaks good sense, but I fear that the hon. Gentleman has neglected to answer his point, which is that since the advent of postal votes on demand, there has been no demonstrable increase in voter turnout. Indeed, voter turnout since 1997 generally has gone down. Will he address that point?

[John McDonnell]

There was a slight increase at the last general election. The hon. Gentleman is right, because I can remember turnouts at around 77%. In some areas we went down to 56%, but this time round we went from 60% up to about 65%, so there was a slight increase—a significant increase in some areas—from the introduction of postal voting. If he looks, he will see that where the pilots that were undertaken throughout the 2000s were implemented effectively, turnout was increased significantly. I recommend examination and exploration of the Shrewsbury pilot, which took place in 2005.

I will not delay the Committee any further, but I refer Members not just to the findings of the Electoral Commission, but to the statement by Jenny Watson, chair of the Electoral Commission, that it would return to this issue as its main feature of work in the coming period and report in due course. Again, the Electoral Commission’s argument is simply about bringing our electoral system into line with practices in the rest of society, which is now largely online, and facilitating democracy by the use of online voting in that way. I also refer Members to the executive summary of the report undertaken by WebRoots Democracy—I will circulate it rather than delay the debate—which identifies the ability of online voting not only to increase turnout, but to reduce the cost of balloting procedures.

I raise this issue briefly on an amendment because it is something we need to return to rather than neglect; it has been neglected over the last few years. It is something that many Members will want to explore in a way that facilitates the improvement of democratic processes in our society, but I also give this warning: I will be raising this matter time and again. I mentioned the trade union Bill. We will be tabling amendments to such Bills to ensure that we establish the principle that this House will facilitate access to democracy on every occasion we can. Electronic voting is one mechanism through which we can enhance our society’s democratic processes.

[Mr McFadden]

I would like to talk to amendment 3, which stands in my name and those of my right hon. Friends. On Tuesday, the Committee agreed amendment 55, which ruled out the possibility of holding the referendum in May next year, when there are other important elections taking place throughout the country. However, amendment 55 did not deal with the potential for a poll held in May 2017 to clash with local elections, which are scheduled in both England and Scotland, and the mayoral elections taking place in some places. Our amendment 3 deals with that, because it would rule out holding the referendum on the same day as local elections, as well as the other elections that are listed in the amendment.

There are two separate reasons why we believe the referendum should be held on a separate day. The first is that a referendum on such a large constitutional issue deserves its own campaign and its own moment of decision. The focus in a competitive election when parties are battling to control a local council or another elected body is different from that in an election on a yes/no constitutional question of this kind. The focus in a local election battle should be on who will run the body that is up for election. In a referendum, the focus is different. Views on the European referendum will cross party lines.

--- Later in debate ---

[Mr Lidington]

One thing about the European referendum campaign, which I think the public will expect, is that people from both the hon. Gentleman’s party and mine will be campaigning in both the yes and no camps. Both parties are broad churches and we accept that that is a reality. I do not think the British public are incapable of understanding that the European question is one that cuts across normal party political boundaries.

I wish to move on to deal with the amendment on electronic voting tabled by the hon. Member for Hayes and Harlington. I do not want to cause him too great a shock in saying that I am not wholly unsympathetic to some of the points he makes. I have been to Estonia and talked to Estonian Ministers about what they have put in place, not only on electronic voting, but in delivering almost all interaction between citizen and government through digital means. Given current advances in IT, I can see how e-voting sounds attractive, but we would have to consider a number of issues carefully and thoroughly before this country committed itself to going down that path.

Most obviously, there are genuine concerns that e-voting is not sufficiently rigorous and could be vulnerable to attack or fraud. The last thing that would serve the interests of Parliament or of democracy in this country would be for us to move swiftly to a system of electronic voting that led to still greater public mistrust in the integrity of our democratic process. Particularly when selecting elected representatives or deciding an issue of national importance in a referendum, it is essential that we have the highest possible security, and I am not convinced that we have the requisite assurance yet. Even in the short exchanges that have taken place on this subject, different views have been expressed about whether or not the pilots in the past have led to a serious increase in turnout. That is another point to be borne in mind.

[John McDonnell]

Even the Conservative elements of the campaign group have been a problem, too. May I suggest something to the Minister? This referendum will be in two years’ time, the Electoral Commission is focusing its work this year on electronic voting and we will have elections before then. Can we look again at reviving some of the pilots, at least for next year’s local government elections, so that we can learn the lessons and overcome the security issue, which he rightly mentions? Things have moved on from the last pilots and we need a new pilot to give us the confidence that we can then use e-voting more extensively in referendums.

--- Later in debate ---

[Mr Lidington]

My hon. Friend’s amendment proposes that the legislation be put in place at least six months before it is required to be implemented or complied with by campaigners or administrators. Although it is not necessary or appropriate in this specific case to set an arbitrary timeframe in statute, I can offer him some reassurance on the point. The reason for the Electoral Commission’s recommendation, to which he alluded, is that it is important to ensure that the people who are responsible for organising and administering a referendum and the people who will be responsible for accounting for expenditure on behalf of campaign organisations are clear about the rules that apply. To some extent, as I said a few minutes ago, the general framework of those rules is set out in the body of the Bill. The more detailed rules on conduct will be provided for by regulations that the Government will have the power, under the Bill, to table.

I can assure the Committee that it is the Government’s intention to publish the conduct regulations this autumn. That will mean, especially given the decision that the Committee took on Tuesday not to combine the referendum with the devolved local elections in May 2016, that there should be plenty of time for the Electoral Commission, and returning and counting officers and campaigners to familiarise themselves with the detail of the rules under which the referendum will be conducted. We would expect those detailed rules to cover such matters as the referendum timetable and the key stages within that; the provision of polling stations; the appointment of polling and counting agents; the procedure for the issue of ballot papers and for voting at polling stations; the arrangements for the counting of votes and declaration of results; the disposal of ballot papers and other referendum documents; arrangements for absent voters and postal and proxy votes and so on.

There will be a great deal of information, which it is our intention to have publicly available for everybody to see in the autumn of this year, well ahead of the referendum date. I hope that on that basis my hon. Friend the Member for Stone and others who have signed his amendment will be reassured that the Government are fully committed to our declared intention of ensuring that the referendum is conducted in an way that is not only fair but that is seen to be and is accepted as fair by everybody who takes part on both sides.

[John McDonnell]

I am not convinced that the Government are taking the matter of electronic voting seriously, but I welcome the warm words from the Minister that there could be some movement in the future. Although we might not be able to achieve it for this referendum, I hope that we can encourage the Electoral Commission to undertake pilots again next year that might resolve some of the issues with security. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 3, in clause 4, page 2, line 39, leave out subsection (2) and insert—

‘(2) The referendum shall not be held on the same day as:

(a) elections to the Scottish Parliament;

(b) elections to the National Assembly for Wales;

(c) elections for the Mayor of London; or

(d) local authority elections”. —(Mr McFadden.)

The amendment would prevent the referendum being held on the same day as Scottish Parliament, National Assembly for Wales, London mayoral or local authority elections.

Question put, That the amendment be made.