Political Parties, Elections and Referendums

John McDonnell Excerpts

Wednesday 31st January 2024 Commons Chamber

[Simon Hoare]

If that were true, it would be a serious matter, but I must say to the hon. Gentleman—for whom I have huge respect, and who chairs the Housing, Communities and Local Government Committee with much distinction—that I do not see it that way, and neither do the Government. However, he takes me from my explanation of what the statement is not, to explaining why we are approving it. That is the nub of this issue. We see—I see—the role of this Government and of any party that has the honour to be in government in the United Kingdom as that of a pro tem custodian of our democracy. That is why we have election law, and why I am the elections Minister. Democracy is, as we discussed last week in the Holocaust Memorial Day debate, a fragile flower under huge pressure.

We believe that the statement is timely, not least because of the raft of changes that have flown through and been delivered by statutory instrument from the recent Elections Act 2022. We are also hugely cognisant of the threats to the robustness and resilience of our democracy presented by overseas interference, fake news, deepfakes, and artificial intelligence. The solemn role of pro tem custodian, and holding the flame of democracy while we serve in government, are important.

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

rose—

[Simon Hoare]

It is important to underpin, rather than undermine, the work of the commission by standing shoulder to shoulder with it in the important work that has been set before it, which I will come to when I have taken the right hon. Gentleman’s intervention.

[John McDonnell]

I am a member of the Public Administration and Constitutional Affairs Committee, and we warned in our report about the threat to the independence of the commission from the Government’s legislation regarding the strategy statement. I can understand where the Minister is coming from when he says that we are not using the expression “must” because that would be a direction, but the Government are repeatedly using the expression “should”. The question in my mind is: if the commission ignores this “should”, what happens? There is an implied threat around the “should”.

[Simon Hoare]

The right hon. Gentleman helpfully takes me to the next part of my remarks about “should”, “would” and “must”. Let us just canter through, with some degree of attention and seriousness, the priorities set out in the statement. In all seriousness—I hope the House knows me well enough to know that when I use that phrase it is not just parroting a line; I am serious in what I am about to say, because it is important—I really would question whether any hon. or right hon. Member of this House, of any party, would take exception to anything in the statement.

[John McDonnell]

Will the Minister answer my question?

[Simon Hoare]

If the right hon. Gentleman will be a little patient, he will have his question answered. He asks his question in his way and, in the words of Frank Sinatra, I shall answer it in mine.

The first paragraph rehearses this key point:

“The Electoral Commission is the independent regulatory body responsible for giving guidance and support to Electoral Registration Officers and Returning Officers in undertaking electoral registration and conducting elections and recall petitions effectively and in accordance with the law.”

Anybody disagree with that? No. Paragraph 2 states:

“The Chair of the Commission has the responsibility in law for acting as the Chief Counting Officer at national referendums in the UK…and the staff of the Commission support the Chair in that role, when it is required, to work through local electoral authorities to deliver such events.”

The delivery of smooth and seamless referenda is not, I would suggest, a revolutionary power grab by His Majesty’s Government.

Paragraph 3 states:

“The government believes the Electoral Commission has an important role to play in maintaining the integrity of our elections and public confidence in that integrity.”

I do not think that point will get the Division bells ringing. In answer to the question from the Chair of the Select Committee, paragraph 3 continues:

“The duty to have regard does not require the Commission to give lesser priority to, or to ignore, any of its other statutory duties. The Electoral Commissioners and the Commission’s executive leadership will remain responsible for determining the Commission’s strategy, priorities, how it should discharge its duties (including day-to-day operations) and the allocation of its resources, as agreed by the relevant parliaments. It will be for the Commission to determine how to factor the Statement into its decision-making processes and corporate documents such as the Five-Year Plan.”

Paragraph 4 states:

“One of the government’s policy priorities is ensuring our democracy is secure, fair, modern and transparent.”

One could easily transpose the word “government” for “Parliament” there. Who will argue with ensuring that our democracy is secure? Who will argue that our democracy should not be fair, modern, or transparent? Paragraph 4 goes on to say that it is a priority to ensure

“that those who are entitled to vote should always be able to exercise that right freely, securely and in an informed way;…that fraud, intimidation and interference have no place in our democracy;…that we are the stewards of our shared democratic heritage which we keep up to date for our age.”

That is my custodian point again.

Paragraph 5 states:

“One of the leading government objectives is tackling electoral fraud”.

Anyone in this House in favour of electoral fraud? I did not think so—and rightly so. Paragraph 5 goes on to state that the commission should

“support continued effective delivery of voter identification by raising public awareness about the requirement to show an approved form of photographic identification before taking part in UK parliamentary elections, local elections in England and elections in Northern Ireland”.

It has done that in Northern Ireland for the last 20 years or so. This issue was raised in close questioning from the Lords Constitution Committee just the other month. The important role of the Government, the commission and other agencies in raising the profile and public awareness of voter identification was a matter that we discussed at some length.

[Simon Hoare]

The hon. Gentleman was obviously so busy trying to find his rebuttal point that he did not listen to my answer to the first question. I set out clearly that the duty to “have regard” does not require the commission to give lesser priority to, or ignore, any of its other statutory duties. The electoral commissioners and the commission’s executive leadership will remain responsible for determining the commission’s strategy and priorities, and how it should discharge its duties. The statement in no way undermines, countermands or double-guesses any work of the commission.

The paper goes on to talk about tackling electoral fraud, which I know we would all wish to do. Crucially, it also talks about the role of the commission in working with returning officers and others to ensure the maximum opportunity for those with disabilities to take part in the ballot on the day and in polling stations. Nobody in this place, or the other place, would think that was not a noble aim.

[John McDonnell]

rose—

[Simon Hoare]

And at the very mention of noble aims, I give way to the right hon. Member for Hayes and Harlington.

[John McDonnell]

I come back to the fact that this statement in effect sets priorities for the commission, and that has not only operational consequences but budgetary consequences. What are the consequences for the commission if, like me, it thinks the Government’s statement is daft and completely ignores it?

[Simon Hoare]

I just do not see that happening, because the commission understands the importance of the statement. It is not a directional document; it is an augmenting document. It says—because there are difficult things facing our democracy, as the right hon. Gentleman knows—that the Government, not a party Government but Government as an entity, are in lockstep with the commission, in full support of the work that it does to preserve, protect and enhance our democracy. We felt that it was timely for the Secretary of State to provide a statement to augment and clarify matters that flow from the Political Parties, Elections and Referendums Act 2000 Act and subsequent statutory instruments.

The hon. Member for Sheffield South East (Mr Betts) is right to say that the commission is, in any case, doing the things set out in the statement, in whole or in part. It will be entirely up to the commission to set its priorities from the list, and to give greater or lesser attention to matters as needed. For example, it could say, “Well, that has already been done, and this is all in hand, but we really need to augment this matter here.” The voter authority certificate is a prime example. There are things that we would all expect the commission to spend a certain amount of time on, in order to raise awareness of them.

--- Later in debate ---

[Mr Clive Betts (Sheffield South East) (Lab)]

I am speaking today as Chair of the Levelling Up, Housing and Communities Committee and a member of the Speaker’s Committee on the Electoral Commission. I also declare my interest as vice-president of the Local Government Association.

When the Minister was given responsibility for local government finance, he no doubt thought that he had got the hospital pass, which some Ministers get from time to time when they have a very challenging brief and a very difficult situation to face. Then he realised that that hospital pass was coming down the road straight away, and that he was going to have to try to justify this statement today. He did a good job of telling us what the current responsibilities are of the Electoral Commission; what he did not do was give us one example of something that the commission is not doing right at present which they will be made to do right and better by this statement. What are the problems that need addressing, and if the motion passes in this House, what will be different tomorrow from today? He did not give one example of that. That is why in the end both the Levelling Up, Housing and Communities Committee and the Speaker’s Committee said that, at worst, this statement process compromises the independence of the Electoral Commission—the commission believes that as well—and at best, it is simply unnecessary and will contribute nothing whatsoever.

I say to the Minister—and he has made this point—that democracy is of course very precious and it is the responsibility of all of us to protect it. The Electoral Commission is a very important part of that process in its oversight of elections and the electoral processes in this country, so it must be seen to be independent—not just independent in practice but perceived to be independent. Despite what the Minister said in the very detailed way he addressed the statement, the perception is that the Government are trying to do something to influence the Electoral Commission. If they are not, what is the point of this? If they have no intention of influencing the Electoral Commission, we should just let it get on with the current situation and be accountable to Mr Speaker’s Committee—that is surely where we ought to be.

The Speaker’s Committee and the Levelling Up, Housing and Communities Committee had very helpful advice from senior and authoritative officers in this House who concluded in reporting to our Committees that the statement would constitute interference with the commission’s operational independence. That is what we were advised; we were advised that no cogent explanation had been put forward for why the statement was needed. We have not heard one today either; the Minister did the best job he could, but it was not a coherent and cogent explanation. Further, we were told that it was hard to see how this statement would help the commission in its work.

The statement says that the commission should have regard to the way in which it operates, and gives it certain priorities. If among the commission’s many responsibilities some have to be a priority, others must be of a lower priority—that is pretty self-evident as a conclusion.

Those other things are less important. Either that directs the commission to concentrate its resources on the things that the Government think are important, or the commission will just ignore it and walk away; either way, we do not know what we are here for. Either we are here to interfere with the work of the commission, direct it and give it priorities, or we are simply here to say to the commission, “There are some things that the Government think are rather nice, but go away and ignore them because they don’t really matter. That’s not your statutory responsibility.”

Ultimately, the commission has statutory responsibilities. We were advised on the Committee that some of the wording in the statement differs from the wording in law, so the commission could be caught between following the law and following the guidance. It would end up in court, with lawyers making a lot of money from the conflicts—lawyers always make money where there is confusion in wording. The Government ought to be careful about what they are asking us to do.

Reference was made to other regulators. Other regulators are essentially agents of Government: for example, Ofwat exists to carry out Government policy about how our water should be kept clean. The Electoral Commission is not an agent of Government. It is therefore very different from the other regulators—the agents—that the right hon. Member for Norwich North (Chloe Smith) and Ministers have referred to.

[John McDonnell]

It goes back to the question that I put to the Minister. If other regulators fail to abide by the direction given by Government, they are removed. We have not heard what the consequences will be from the Government of not abiding by the range of “shoulds” within the statement.

[Mr Betts]

Absolutely. No consequences are laid out for what will happen if the statement is not followed by the Electoral Commission.