Overseas Voters Bill

John Penrose Excerpts

Friday 26th February 2016 Commons Chamber

[Mr Chope]

As with a lot of these things, there is no precise answer to my hon. Friend’s very good question, but the estimate is probably that 5 million and upwards would be eligible, and I see my hon. Friend the Minister nodding.

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

Just to clarify, the figures are a little unclear, as my hon. Friend says. It looks as though about 2 million may be eligible to vote at the moment, and another 3 million or 4 million on top of that might be enfranchised were we to get rid of the 15-year rule in due course. However, as I suggested, all figures should be treated with a degree of caution, because this is so uncertain.

[Mr Chope]

I am grateful to my hon. Friend for that intervention. What he is saying is that, of the 2 million who are eligible at the moment, we registered only 100,000, and many fewer than that actually voted. There is potentially a pool of a lot more who could be registered if the Bill went through and we were able to allow all British citizens living overseas to participate in our democracy.

That, of course, is what happens in a lot of other countries. Some of those countries organise—indeed, facilitate—voting by their overseas citizens at embassies, consulates and other such places. In the recent Turkish elections, the President of Turkey, in a neutral capacity, spent a lot of time visiting other countries in Europe—mainly countries with a significant number of Turkish expatriates—to speak directly to them to encourage them to participate in the election.

So what would be the benefit of this? Apart from the benefit to democracy, it would assist in campaigns such as one that I very strongly support, which is the campaign for an end to the discrimination against British pensioners living overseas. It would mean that those who are campaigning to ensure that there is equal treatment between British pensioners living overseas and those living in the United Kingdom would have more clout. At the moment, there are a handful of these people in each constituency able to vote, and they cannot really make a difference in the general election, but if more of them were eligible to vote, and did vote, they would be able to lobby much more effectively and we might find that the Government were more responsive to their concerns than they seem to be at the moment.

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[Ian Lavery]

The Labour party’s position is that we would like to investigate the potential for that. As I have just said, it is important to remember that people have busy lives and they work. As well as online voting, there are other options that we would like to look at, which could play a major role. We have to try to open it up. Perhaps we need to look at polling day. Why is it on a Thursday from 7 am until 10 pm? How long has that been the case? It is generally accepted across the Chamber that we need to look at more innovative ways to encourage people—whether overseas or in this country—to vote and to take part in the democratic process. I do not think the hon. Gentleman and I are too far apart on those issues. It is perhaps, as I mentioned to the hon. Member for Christchurch, just a case of why one should be a priority and others not.

We need to look at the question collectively and try to come up with a way to encourage people to get out there and vote. As politicians, that is really what we want. There are 5.5 million British citizens living abroad, and I think the hon. Gentleman said that only 100,000 of them were registered to vote. To be honest, the figure that I have is 20,000, so it was news to me that that number had somehow multiplied by five. I am encouraged by that, but we need to encourage people into the process, and we can do that together across parties.

[John Penrose]

On a point of clarification, the hon. Gentleman is absolutely right that the figure was closer to 20,000 about a year or a year and a half ago, before the last general election. In the run-up to the last general election, a huge effort was made to drive up the level of overseas registration, and it was pretty successful. The trouble was that we went from an absurdly low number to a pathetically low number. We are still only on about 5% of those who are eligible to vote. The figure is massively better and we should celebrate it, but we still have a heck of a long way to go.

[Ian Lavery]

I thank the Minister for that point of clarification. I thought I had got my figures wrong. We have, as the Minister correctly points out, some way to go. That is the case not just overseas, but here in the UK. Millions of people who are eligible to vote are not even registered. It is an electoral crisis, and we need cross-party agreement on how we can deliver something much more democratic than what we have at the moment.

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[Mr Hollobone]

Hedgehogs overseas will not be eligible for registration, but I know that my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) is committed to the issue of overseas voter registration, as I am. He will share my shock, on behalf of our constituents, at the figures that have been revealed to the House today. Will the Minister be kind enough to intervene on me in a moment to give us the total number of electors in this country, so that we can establish the proportion represented by the 6 million potential overseas voters as a percentage of the total UK electorate?

[John Penrose]

I think the figure is roughly 44 million. If I get more precise divine inspiration, I may help my hon. Friend out a little more, but it is that sort of ballpark figure.

[Mr Hollobone]

I am most grateful for that intervention, and that is the sort of figure that I had in mind. We are now aware that there are potentially 6 million British voters, in addition to the 44 million who are currently registered, who could take part in UK general elections but who are unable to do so because they are not registered. That is a shockingly large figure, and I am surprised that the Government are not giving the issue more priority. Surely, with our traditions of empire and of spreading good government and democracy around the world, we would at the very least want to encourage those 6 million British citizens who are living abroad to retain their franchise in this country and their ability to participate democratically in the future of what is still their nation. I think the nation would be very surprised by the fact that there are 6 million people living abroad whom most of us would like to take part in UK elections.

Clause 1 of this excellent Bill would enable those 6 million British citizens to take part only in

“United Kingdom Parliamentary elections if they were registered to vote”.

Although the provision is fantastic, I would want to take it further. It seems to me that it is important that British citizens living abroad should be able to take part in local government and mayoral elections if they want to do so. At the moment, an EU citizen living in this country quite rightly cannot take part in UK parliamentary elections, or at least they cannot do so yet—that may change if we decide to remain in the European Union—but they can take part in local government elections. It seems to me that British citizens, whether they live in this country or abroad, should be able to participate in all elections at every level of the democratic franchise. If I had the good fortune to end up on the Public Bill Committee, I would seek to amend clause 1(a) to extend the franchise to local government elections.

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

I join in the chorus of congratulations for my hon. Friend the Member for Christchurch (Mr Chope) on introducing the Bill. I completely agree with my hon. Friend the Member for Kettering (Mr Hollobone) that it is not necessarily premature. I prefer the adjectives “forward-thinking” and “far-sighted”, if I may put it that way, because my hon. Friend the Member for Christchurch is absolutely right to observe that it was a manifesto commitment at the recent general election.

My hon. Friend is therefore heading in a direction that we would wholeheartedly endorse. I will take issue with the details of how he proposes to do it—I have concerns about the practicalities—but we are absolutely on the same page about the principle and about not dilly-dallying and shilly-shallying, or generally not according it a high priority. I want to reassure him that a great deal of work is going on at the moment. I can tell him that parliamentary draftsmen are even now beavering away at high speed on a Bill with all sorts of different possible working titles, including the overseas electors Bill and the overseas voters Bill. We are definitely not hanging around; we are moving forward with it. As he will appreciate—he will be more aware of this than most, having introduced this private Member’s Bill—many important details need to be got right if we are to enfranchise this important group. My hon. Friend the Member for Kettering is quite right to observe that this is a tremendously important extension of our franchise that will in many cases extend democratic rights to those whom people would think or expect to have the vote.

I should say up front that I was delighted to hear that the Labour party is very happy at least to consider, and has no objection to reviewing, the question of whether the rule should be set at 15 years. The hon. Member for Wansbeck (Ian Lavery) is absolutely right to observe that other countries set that time limit at different points. In fact, our country has set it at different dates in the past, so there is not necessarily a right or a wrong moment. The figure of 15 years is quite arbitrary, so I am encouraged by the fact that he is willing to participate constructively in a review.

[Oliver Colvile]

I thank my hon. Friend for saying that the Government wish to introduce such a Bill, but what is his timetable for producing legislation that might support much of what our hon. Friend the Member for Christchurch (Mr Chope) is proposing?

[John Penrose]

I am afraid that I must fall back on the response “in due course”, to use that timeworn parliamentary phrase, rather than give my hon. Friend a firm date. However, I assure him that work is going on right now and that we are not hanging around. I will have to leave it at that, but I hope to be able to provide further clarity—in due course.

[Mr Hollobone]

I am enjoying the Minister’s speech hugely and I am encouraged by what he has said so far. Will he do the House a service by placing the 15-year limit in context? We have not yet heard where it comes from, who imposed it and why. There is growing consensus that it needs to be abolished.

[John Penrose]

As the hon. Member for Wansbeck acknowledged, the 15-year rule is a bit of a hybrid. The limit has been as low as five years and as high as 20 years. Successive Governments have extended it or narrowed it over time. I do not want to be too specific about its history. The point behind the observation of my hon. Friend the Member for Kettering is that, because the line has been moved about several times under successive Governments, it is inherently arbitrary to choose a particular length of time that people have been away. The Government made a manifesto commitment to enfranchise all British citizens, no matter how long they have been abroad, because we think that choosing 15 years, as opposed to 14 or 16 years, is inherently like sticking a dart in a dartboard. We need to say that if British citizens maintain British citizenship that brings with it rights, obligations and a connection with this country, and that that should endure.

I am encouraged by the Labour party’s view. I welcome the fact that it is willing to embark on a review of the 15-year rule. I also welcome the hon. Member for Wansbeck’s comments about the need for a cross-party approach to driving up registration among all under-represented groups, regardless of where they live—whether they are resident in the UK or abroad. He is absolutely right to point out that there are a succession of groups who are less represented and less registered than others. His colleague, the hon. Member for Ashfield (Gloria De Piero), wrote to me recently about students. They are one of the less well-represented groups. Some black and minority ethnic communities are also less well represented. Ex-patriots are the worst of all in terms of the percentage of rates of registration—down at about 5%, as we have heard from earlier speeches. They are probably the least well represented of all the under-represented groups.

My hon. Friend the Member for Christchurch and others made the point that we cannot—we would all, as politicians or democrats, be diminished if we did—proceed purely on the basis of narrow party political advantage. It is far better, as the hon. Member for Wansbeck observed, to proceed on the basis of what is right for democracy. We must proceed on a cross-party basis without working out which particular groups might be more likely to favour his party or mine. If we all drive up registration in all groups on that basis, we will improve our democratic credentials and reduce voter cynicism very dramatically. That cynicism is perhaps one of the more corrosive influences not just in reducing levels of voter registration but levels of voter turnout—people who are registered but choose not to exercise their vote. We are all familiar with that problem, and cynicism about politics, the political process and politicians is a key driver of it.

One thing we are trying to do, in improving both the registration process and the reasons for encouraging people to register, is to make registration more convenient, simpler, easier, cheaper and more efficient—what we call the plumbing of registration. We want to make it less of a hassle to get registered.

[Sir Greg Knight]

Will the Minister confirm to the House that he is not looking at the possibility of introducing an Australian-type requirement that people have to vote?

[John Penrose]

I am happy to confirm that to my right hon. Friend. He is absolutely right. That has not been part of our democratic tradition in this country. It could, of course, be decided and introduced after debate, but it was not in our party’s manifesto and it is not part of our current plans.

[Mr Hollobone]

On registration, a point I have made many times—it fell on deaf ears in the coalition Government; I hope that will not be the case today—is that those in almost all under-represented groups will have had some contact or multiple contacts with Government agencies of one sort or another, whether in relation to benefits, passports, applications for this or applications for that. Why can we not have a simple cross-governmental rule that every time somebody comes into contact with a Government agency they are asked the question, “Are you on the electoral register?” If the answer is no, they could then be told how to register.

[John Penrose]

My hon. Friend gave a good example with regard to pensions, saying that the Department for Work and Pensions will inevitably have a list of people to whom it is paying pensions. That one cogent example should therefore allow an opportunity to provide the kind of nudge he talks about. I can confirm that we have trialled a series of links on various Government website pages to do what he describes. We are currently investigating whether that can be extended more broadly across more Government services, so that any time anybody living abroad or in a domestic under-represented group comes into contact with the British state we can provide a nudge for them to get registered. We are looking at that extremely carefully, as it seems like it could be a very sensible way of proceeding. It may not be the whole answer—in some cases it may not be a very effective answer and in others it may be highly effective—but it is certainly something we want to pursue.

[Oliver Colvile]

As my hon. Friend may know, I represent a naval garrison city with a large military presence. How can we ensure that more military personnel are registered? I have to say that I have found registration levels to be very disappointing.

[John Penrose]

Special registration arrangements for service personnel and Crown servants are already in place. Special registration systems allow them to register in a slightly different, and I hope more convenient, way than other ex-patriots living in other parts of the world.

What we have encountered, not only in relation to service personnel and Crown servants but other ex-patriots, is that for those people living abroad who are registered to vote and have also enrolled for a postal vote, which they need to do as well, the two processes are not necessarily as linked up as they might be. They may be registered to vote but not automatically registered for a postal vote, even if they thought they were. Sometimes postal vote forms have arrived too late, depending on where they are in the world and the efficiency of the postal service. What we have tried to do more recently, therefore, is change the guidelines, in conjunction with the Electoral Commission, to ensure that postal vote forms are sent out earlier, with sufficient postage on them and so on, and that the overseas postal vote forms can in future be sent out among the earliest batches in each local constituency to make sure that the chances of them arriving in time in every part of the world are maximised. All those measures will help to drive up both registration rates and voting rates.

This issue is not just about the plumbing of registration and voting. Those things are important and I am sure we can make significant improvements to them and get more people in under-represented groups to register and, with any luck, help them to vote. This is not just about plumbing, however; it is also about poetry. There are some groups who are not registered, not because it is inconvenient or because they have not got around to it, but because they view the political process with cynicism or suspicion. Again, this is where a cross-party approach to try to enthuse, convince and persuade people that the answer to their cynicism about the way politics and the democratic process works is to get involved, not to avoid the whole process. If one party tried to do that on its own, it would be far less effective than if we joined hands. Indeed, it is not just up to politicians. We need to joins hands not just across the political spectrum but with civic society groups right the way across the spectrum. We are already doing some of those things. Incidentally, the Electoral Commission is also trying to work in this fashion, too. I welcome the Labour party’s offer of a cross-party approach. I absolutely and would dearly like to pursue that with it if I can. I have already mentioned this to the hon. Member for Wansbeck’s Opposition Front-Bench colleague. The hon. Member for Ashfield is not here today, but she and I have had conversations in the past. It is absolutely the right way to go.

The Electoral Commission understands the importance of not just the plumbing but the poetry, if I may use that analogy. For example, it announced in the course of the past week a collaboration with the writers of “Hollyoaks”. I understand—I hope I am not acting as a terrible plot-spoiler here, Mr Deputy Speaker—that they intend to blend through the storyline of that soap an encouragement to register and information about why it is important to register, how to register and so on. That is something I would hope we all support.

[Oliver Colvile]

Does my hon. Friend also recognise that “The Archers”, and not just “Hollyoaks”, has a significant part to play? It is a very good soap opera, and would it not be wonderful were it to start talking about people abroad?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I think it is time I joined in. Whatever we do, we are not going around the soaps. We are talking about overseas registration, not plots about registration in the UK.

[John Penrose]

You are absolutely right, Mr Deputy Speaker, although I would observe that many of these soaps are also watched by overseas and expatriate voters living abroad, but I shall move on before I try your patience any further.

The Bill also deals with internet voting, which is potentially a very important area. It is interesting that we all increasingly take for granted the use of the internet for more and more things. If someone said 10 years ago that a large proportion of us—if not yet a majority—would be using internet banking or shopping, people would have been very surprised, yet here we are, and it is increasingly a part of normal life in this country. If online voting is not already happening—some, like my hon. Friend the Member for Christchurch, are already asking the question—it will certainly start to happen in due course. People will start to ask, “Why can we not vote online?” The trade union movement has already asked the question, while other organisations are starting to use internet voting for some issues.

That said, my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) rightly asked about the fraud issue, and my hon. Friend the Member for Christchurch has built this into clause 3. There is an important point here about fraud prevention. While we are increasingly used to online banking and shopping, and those sorts of things, if, in those cases, something goes wrong, broadly speaking, the bank or credit or debit card company—or whoever it might be—will usually stand behind the transaction and take the risk from the consumer. That is perfectly acceptable for commercial transactions. The difficulty is that it is extremely hard to work out whether a vote has been intercepted and potentially subverted—switched from a vote for Labour to a vote for the Conservative party, or from an aye to a no in a referendum—especially given that we have secret ballots, which are an essential part of our democracy. At the same time, the stakes could not be higher. Clearly, stealing the government of a country is an incredibly serious issue, and one that it would be extremely hard to unpick afterwards, in the way we can unpick a faulty commercial transaction, make good the money and undertake a forensic analysis.

I am not saying we do not expect online voting to happen in due course, but I believe that the fraud issues are not yet resolved. I am sure that the technology will continue to advance and be ready at some point, and that we will have a robust and transparently solid political and democratic process that will allow this to happen, but we are not yet there. However, given the way the world is moving—it is happening in more and more areas of our lives—it would be a brave man who said it will never happen, even if, like my hon. Friend, they are not that familiar with Skype. I suspect it is a question of when, not if, but I am afraid that, at the moment at least, the answer is, “Not yet.”

I compliment my hon. Friend the Member for Christchurch on introducing the Bill, and I reassure him that we are working extremely hard and hope to bring forward a Bill that will do many of the things that his proposes, including getting rid of the 15-year rule and enfranchising British citizens living abroad. In parallel to but separately from the Bill, we are trying to drive up registration among under-represented groups, including expatriates.

[Sir Greg Knight]

Will the Minister clarify the remarks he just made? Is he saying that internet voting is not part of the proposals the Government are currently preparing?

[John Penrose]

I will clarify that: it is not currently part of our proposals, because we do not yet think the technology is safe enough. We will keep the technology under continual review, and at some point there might be a democratic consensus that it has become safe enough, but that moment is not now.

To conclude, we welcome the intention behind the Bill and remain committed to the manifesto pledge. We will introduce our version of it, which I hope will be different in technicalities but congruent in direction with getting rid of the 15-year rule and therefore enfranchising all missing voters. In parallel, we will introduce new measures, on a cross-party basis if possible, to find those under-represented groups, whether they are overseas or domestic voters, and to drive up registration wherever we can. With that, I hope that my hon. Friend will be reassured and feel able to withdraw the Bill, while he waits for our Bill to arrive, which I hope will not be too much longer.