Electoral Integrity and Absent Votes

John Penrose Excerpts

Wednesday 9th December 2015 Westminster Hall

[The Parliamentary Secretary, Cabinet Office (John Penrose)]

It is a pleasure to have you looking after us this afternoon, Mrs Main; it is good to see you in the Chair.

Let me start by congratulating my hon. Friend the Member for Peterborough (Mr Jackson) on securing this debate on a tremendously important issue, which is perhaps slightly more topical than when he originally tried to secure it. However, that just shows his foresight and that he has his finger on the pulse of the popular mood. I think all of us here agree that this is a very important issue, but we tend to blithely assume that things are all right because historically this country has had a democracy to be proud of. Of course, it is up to us as the current incumbents in that democracy to ensure that we continue to be alive to any threat to it, and therefore it is important that we continue to address this issue regularly.

May I also remind all present and anybody who analyses this debate in future that the right way to deal with allegations of electoral fraud of any kind is to take them to the police? That is absolutely essential. The police are the investigating authority, and they are the people who have the skills and the resources to investigate properly. It is essential for the health of our democracy that any concerns are reported properly, so that the police can get to work and get their teeth into anything that looks suspicious.

During the last four years, we have had a steady flow—not a huge rush, but a steady flow—of electoral fraud cases. There were 268 in 2011, 408 in 2012, 178 in 2013 and 272 in 2014. That is not a deluge, but it is not zero either, and there is some concern that there may be other cases that are not being properly reported and may be going under the radar, which I think is one of the reasons why my hon. Friend the Member for Peterborough secured this debate.

If anyone present or anyone looking at this debate afterwards has any concerns and, specifically, any detailed recommendations about how the system could be improved—we have heard a number of suggestions from all quarters during the debate—I would encourage them to mention them without delay to my right hon. Friend the Member for Brentwood and Ongar (Sir Eric Pickles), who was mentioned by my hon. Friend the Member for Peterborough. My right hon. Friend is in the process of finalising his report and has collected recommendations on how to deal with electoral fraud. The Government will be waiting for that report to come to us. We will react to it once it is in our hands and we have had a chance to study it and consider its implications. It is an opportunity for anyone with concerns and, in particular, specific recommendations about how the system can be improved—goodness knows, no system is ever perfect—to strike now. The iron is, if not yet hot, then certainly getting pretty warm, and it will be hot shortly. Now is the moment.

My hon. Friend the Member for Peterborough also rightly mentioned that 9 million postal votes were cast. Concerns are regularly voiced—albeit not always necessarily evidenced beyond the 200 to 300 or so cases each year—about undue influence when postal votes are in the hands of the voter, particularly within families with a strong tradition of patriarchy. It is hard to prove whether that is happening, but the suspicions none the less persist. All of us in this room will no doubt have heard those suspicions voiced to us by colleagues in Parliament and by constituents.

It is absolutely right—I hope all of us here would sign up to this principle—that we should not assume that there is a necessary contradiction or choice between having an electoral system that allows any eligible elector who wants to cast their vote to do so cleanly, conveniently and easily, so that turnout is maximised to the greatest possible extent, and the notion that there should be reasonable checks to ensure that the person casting the vote is eligible, is the person they say they are and is not subject to unfair pressure or influence in any way. Those two principles are equally vital. If we start saying that one is subservient to the other, we are on an extremely slippery slope, democratically speaking. Both principles apply and are important, and anyone who tries to pretend that we need to compromise one at the expense of the other is on dangerous ground indeed.

One of the only points on which I respectfully disagree with my hon. Friend was where he mentioned some turnout figures for successive general elections. He is absolutely right that general election turnouts have been higher in the past. I fear that factors other than the availability of postal votes may be involved in that. I suspect those factors are particularly to do with public attitudes to politics, public attitudes to politicians, dare I say it, and general levels of societal democratic engagement. There are probably more things going on than just the availability of postal votes, although I am sure he is absolutely right to point out that that is a factor.

My hon. Friend the Member for Woking (Jonathan Lord) expressed some concerns about voting in person and impersonation. He asked whether there should be polling station checks. Again, that will be covered by the report of my right hon. Friend the Member for Brentwood and Ongar. I mention in passing that some recent photos appeared in the press of President Obama turning up to cast his vote in the American presidential elections—no prizes for guessing who he was voting for—and I was struck by the fact that he had to sign for his ballot paper when he got there. That is a different system from the one that applies in Northern Ireland that was referenced by the hon. Member for Strangford (Jim Shannon). None the less, there are models elsewhere in the world that we could look at, always with an eye to the fact that we do not want to discourage legitimate voters from turning out.

[Jonathan Lord]

The Minister makes a good point about another way of doing things. Of course, we sign for our postal votes, and that is checked. There are 9 million postal voters, with 15% to 20% of the electorate now choosing to vote by post. If that 20% is being checked, why should the signature and validity of the ballot at the polling station not be checked?

[John Penrose]

We should take that as a further submission to the proposals of my right hon. Friend the Member for Brentwood and Ongar.

[Nick Smith]

Will the Minister give way?

[John Penrose]

Very briefly, but then I must try to finish.

[Nick Smith]

The hon. Member for Peterborough (Mr Jackson) has rightly outlined examples of voter fraud that, if true, should be addressed with the full force of the law. Does the Minister agree that any future electoral law should have the right mix of safeguards and things to encourage voter participation? Will he please look into the possibility of credit reference agencies providing extra data to boost voter registration?

[John Penrose]

The hon. Gentleman mentioned this issue to me in oral questions earlier today. I encouraged him then and encourage him now to provide me with further details of his proposal. I am very interested at looking into that matter. It is potentially useful. There are many other sources of data that can be used to verify registrations, and we want to look at them all if we can. In the modern digital world, it seems a sensible avenue to explore.

At the root of the debate, we have a contradiction. We have modest levels of electoral fraud cases—I have already given everyone the figures for the past three or four years—but we can all see that, in principle, our processes and controls are pretty light-touch. We can all think of theoretical ways in which someone might be able to indulge in electoral fraud, were they so minded. In all our minds, there will always be a nagging concern that even though there may not be that many electoral fraud cases, there could be a cohort of people that we are not aware of taking advantage of this relatively trust-based system. That is the concern behind this debate and the ongoing public debate. To summarise it in a sentence, absence of evidence is not necessarily evidence of absence. That is our concern.

I therefore want to reassure everyone that there is no complacency in the Government on this tremendously important issue. A number of people have mentioned in the course of the debate that there is some self-policing, because political rivals will naturally keep an eye on each other. That is good, but we have also heard examples of loopholes or potential flaws in the process that would allow some things to go unremarked, even where there is a strong political culture of rivalry. We should clearly consider applying the precautionary principle here, provided that we can do so with the satisfactory light touch.

What have we done so far? There has been the introduction of individual elector registration. ID is therefore verified and it makes inventing people a great deal harder. It also makes family influence and patriarchy less important. We have also made postal votes a great deal more controlled. People now have to put a signature on a postal vote, and every single signature is matched up when that postal vote is opened. There was an initial problem in Scotland, which the hon. Member for Edinburgh East (Tommy Sheppard) mentioned, but the system is now running much more smoothly. There is much greater security around polling stations too, which is essential, particularly when one reads some of the judgments about what was happening in Tower Hamlets.

Finally, I want to back up the point that a number of colleagues made about voter education. One of the most fundamental ways of guarding against undue influence, whether spiritual, familial or any other form, is to educate people from the earliest moment that their vote is genuinely secret and that they are absolutely entitled to tell anyone, whether they are a family member, religious leader or politician, to take a hike if they want to find out how someone voted or to influence the way they are planning to vote. That is an attitude of robust independence that we need to inculcate in all our young people and, if necessary, all adults too. With that, I will sit down to let my hon. Friend the Member for Peterborough have a final word. I reiterate that if anyone wants to make any further comments to my right hon. Friend the Member for Brentwood and Ongar, his door is open.