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.