Voter ID Pilot Schemes

Jonathan Lord Excerpts

Wednesday 6th June 2018 Westminster Hall

[Ellie Reeves]

I thank the right hon. Gentleman for those points, but the reality is that it is very difficult to monitor how many people were disenfranchised, because some people did not turn out to vote or left the queues. That was certainly the experience in my constituency, which I will talk about later. I expect that the figure probably is quite a lot higher than the 300 that has been quoted.

The introduction of voter ID laws would make no difference to allegations of fraud with postal votes, proxy votes, breaches of secrecy, tampering with ballot papers, bribery, undue influence or electoral expenditure, which are arguably the areas where most electoral offences occur. Let me repeat: any attempted voter fraud or impersonation is wrong and should be thoroughly investigated, but the figures relating to alleged fraud at polling stations do not point to any widespread issue or problem relating to impersonation. An overhaul of the voting procedure by introducing identification requirements has been a step too far.

[Mr Jonathan Lord (Woking) (Con)]

The hon. Lady mentioned Northern Ireland a moment ago. Given what she says, presumably there is evidence of marginalised groups being discriminated against in Northern Ireland. As I understand it, voter identification has taken place there simply and effectively for many years. What is the evidence of discrimination?

[Ellie Reeves]

There has certainly been clear evidence of people being disenfranchised in my constituency, which was part of the pilot. In fact, in Bromley, the area I represent, prior to the scheme being launched an impact assessment said that the scheme was likely to have an adverse impact on older people and trans people. That is evidence from Bromley’s risk assessment.

[Ellie Reeves]

I want to make some progress. I have big concerns about the potential disenfranchisement of voters in areas where people who are legally entitled to vote may not have identification in line with the requirements. Even before discussing the concept of voter ID, the requirements across the pilot schemes were wide ranging and different, meaning that aggregated findings or comparative analysis will both be questionable in any Government evaluation. Bromley, Gosport and Woking required ID documents, whereas Swindon and Watford required only a poll card. Interestingly, none of the trial areas had a significantly poorer or more ethnically diverse population than the national average, or any recent historical examples of voter fraud or voter impersonation.

As I said, Bromley Council’s impact assessment stated that there would be a noticeable effect on the elderly and trans people. It highlighted concerns that voters in those categories would be less likely to have up-to-date documentation in line with the requirements. As my hon. Friend the Member for Slough (Mr Dhesi) said, prior to the roll-out the Equality and Human Rights Commission warned the Government that voter ID schemes would have a disproportionate impact on voters with protected characteristics, particularly those from ethnic minority communities, older people, trans people and people with disabilities.

Before committing to any further changes to the way in which citizens vote, we should look at the experience of other countries that have rolled out identification checks at elections. Experience from the United States has shown that voter ID schemes disproportionately affected marginalised groups, because those who could not afford to drive or go on holiday often did not have the specified documentation. Figures from the last census, recorded in 2011, show that 9 million people in the UK do not hold a driving licence and 9.5 million do not hold a passport. To put that in perspective, figures from the Electoral Commission show that 24% of the electorate do not have access to a passport or photographic driving licence.

Furthermore, 3.5 million people in Great Britain— 7.5% of the electorate—do not have access to any form of photo ID whatsoever. If voters live in shared accommodation or often move, they are also less likely to have bills or paperwork in their name. With regard to the groups highlighted in the various equality impact assessments, we must consider the impact on those unlikely to have up-to-date ID. The recent Windrush scandal has shown that even those who are legitimate citizens and voters have struggled to access services to which they are entitled. Further expansion of voter ID schemes could see the Windrush generation denied their democratic rights, adding further insult to injury.

Notwithstanding those points, it has also been reported today in The Guardian that two barristers have called into question the legality of the pilot, given that it made voting harder, casting further doubt on a scheme that might have unlawfully denied people their right to vote.

[Mr Lord]

The hon. Lady speaks about passports and driving licences, yet even Woking, which was an ID pilot area, allowed lots of different forms of photographic identification—I think 10% of those who voted had a senior bus pass, and various student cards were also admitted. She talks about millions of people being disenfranchised. In Woking only a tiny percentage of people did not hold any of the forms of strict ID—and, of course, such people could always apply for a free elector card.

[Ellie Reeves]

I will go on to talk about the experience in Bromley, where people were turned away. A number of different forms of ID could be taken to the polling station, but nevertheless people were disenfranchised, and I will speak about that in a moment. Unlike in Swindon and Watford, where voters were required only to bring their polling cards, in Bromley, Gosport and Woking, where formal ID was required, voter turnout was marginally down compared with the 2014 local elections. The scheme took place in five areas, but I can speak specifically, and with first-hand experience, about the impact of the trial in Bromley. Reports on polling day from the Bromley wards within my constituency highlighted numerous cases of voters being turned away and prevented from rightly casting their vote. The council’s figures suggest that 154 people in Bromley were unable to cast their ballot on 3 May. When I was out campaigning on the doorstep, I was told of a significant number of people telling activists that they would not be voting because they did not agree with the principle of being asked for ID. Although that is direct evidence of voter disenfranchisement, it is unfortunately incredibly hard to measure.

On polling day, four polling stations in the Crystal Palace ward in my constituency had already turned away multiple people by 10.30 am for not having the correct ID. When I went to vote at 8.45 am at my polling station, I was told of two people who had already been turned away. In addition, the increased time that it takes to do ID checks puts a strain on the rate at which polling stations can process voters. In the morning on polling day there were reports of queues in Bromley due to the extra processing time, and of voters leaving before casting their ballots because, understandably, people do not necessarily have the extra time to wait while also juggling family and work responsibilities.

I also heard reports of polling station staff not being fully briefed on what ID was acceptable. In one case, a voter with a bank card was initially refused, but subsequently showed the polling staff the guidance that stated it was a valid form of ID. How many people might they have turned away before being shown the correct guidance? Another case involved a voter with a utility bill on their phone, who was told by staff to go home and print the document out. The polling station staff clearly had not been given guidance on whether a digital copy was sufficient. Such examples suggest that polling stations across Bromley were not adequately prepared for the trial and that Bromley’s measurements of 154 voters being turned away are far from exact. I believe that many more people might have been turned off from voting.

--- Later in debate ---

[Mr Jonathan Lord (Woking) (Con)]

My constituency of Woking was one of the areas that had a voter ID pilot, and I think it is fair to say that it was the strictest of them all. It demanded a specific item of photographic voter ID or an elector card, which could be applied for before 5 pm on Wednesday—the day before polling day. Woking Borough Council has already submitted an interim report, which states:

“Voters across the Borough were required to show one of a number of approved forms of photographic identification before they were issued with their ballot paper at the polling station. Where electors did not have one of the approved forms of identification, there was the option to obtain a free Local Elector Card, with 57 of these cards issued during the trial.

Figures demonstrate that out of 18,851 voters who attended a polling station, 99.73% of electors provided the right form of photographic ID. In total, 51 people (0.27%) brought the wrong ID or attended with no ID and were not issued with a ballot paper. The report indicates that overall turnout to the election was unaffected by the trial, comparing favourably to previous elections at 37.75% compared to 37.71% in 2017 and 35.81% in 2012 (when the last Borough only election was held)”.

That is a pretty remarkable result.

Ray Morgan, Woking Borough Council’s chief executive and returning officer, expressed satisfaction with the trial:

“Given that 99.73% of voters brought a correct form of ID and engaged positively with the pilot and only 0.27% did not, I think we can call this trial a great success. I would like to thank Woking’s electorate for their cooperation and understanding throughout the trial. I would also like to acknowledge the hard work of all members of polling station staff and Council officers in the lead up to the election, and on the day, to make the new process such a success.”

I would like to add my personal thanks. Mr Morgan continued:

“Following our experiences in the polling stations on 3 May, I see no reason why bringing ID to vote cannot be embedded in our democratic process and have already expressed my desire to the Cabinet Office that Woking continues to participate in any future trials.”

We have heard some good speeches on both sides of this debate, but I remind those who seem to have set their face against voter ID for local and parliamentary elections that only a handful of votes can be crucial. In one of the 10 wards up for election in Woking this summer, one of the candidates won by just 10 votes and another by just 16 votes. Indeed, in recent years in Woking we have had single-figure majorities in different wards.

[Chris Green]

Given the numerous different ways to determine a draw, whether tossing a coin, drawing a straw or pulling a card, would it not be advantageous in the event of a dead heat in an election for voters to know that every one of the votes cast had been genuine? The election may be for a town council, borough council or a Member of Parliament, and at a time of minority Governments, as we have now, that could determine the Government of the country.

[Mr Lord]

My hon. Friend makes a pertinent and important point. In the 2017 general election, as we all know, the constituency of North East Fife was won by the Scottish National party candidate by only two votes. Further parliamentary seats were won by fewer than 100 votes, such as Perth and North Perthshire with 21 votes, Newcastle-under-Lyme with 30 votes, Southampton, Itchen with 31 votes, Richmond with 45 votes, Crewe and Nantwich with 48 votes, Glasgow South West with 60 votes, Glasgow East with 75 votes and Arfon with 92 votes. A small number of votes can swing seats at a parliamentary election and therefore determine who are the Government of the day.

[Jim McMahon]

The percentage of people turned away in Woking was about 0.2%, but 45 million people voted in 2017, and if 0.2% had been turned away, that would be 90,000 people. Does the hon. Gentleman feel that that is proportionate?

[Mr Lord]

I would make two points in response to that. First, one should not necessarily accept that all those who were refused the right to vote were genuine voters. Everyone received several reminders about voter ID and had the opportunity, if without the right ID, to get a local elector card. It is important to note that people must come to the polling station with the correct ID, as they do in Northern Ireland. Woking went out of its way to publicise that. This was effectively the first time ever that people were asked to present voter ID at the polling station, and personally I think that the number of refusals was remarkably small. For a pilot area, a one-off, I do not think that anyone would expect anything else.

Furthermore, as I have said already, the turnout increased by comparison with the most equivalent elections. If we extrapolate from that, that is hundreds of thousands of voters across the nation in a general election.

[Jim McMahon]

I do not want to explore this cyclical argument too much, but let us say that we learn from this experience and voters become used to it, so that instead of 0.2% the figure falls to 0.1%. Does the hon. Gentleman believe, even so, that it is proportionate for 45,000 people to potentially be excluded, when only 28 allegations of voter fraud were made in the last general election?

[Sir Christopher Chope (in the Chair)]

Order. Before we hear the answer to that intervention, I must say that we shall start the wind-ups at 10 minutes past 5, and I would very much like to get another speaker in.

[Mr Lord]

Of course, Sir Christopher. In response to the intervention, I would say a couple of things. First, the hon. Member for Lewisham West and Penge (Ellie Reeves) said when introducing the debate that none of the pilot areas had a history of voter fraud. I am afraid that that is not the case in Woking: there is a history of voter fraud, in one ward in particular. When Opposition Members talk about the very few accusations of and convictions for personation, that is a vast underestimate of the potential level of fraud.

Anecdotally, I am afraid to say, where postal voter fraud has happened in the past, lots of personation was almost certainly going on as well. I have heard horror stories from various parts of the country, including Woking, because personation is so easy. All that is needed is to know that someone is going on holiday, and anyone of the right sex can simply turn up at the polling station giving that name and address. That is all that is required, so in a marginal ward with a history of voter fraud, it is ridiculous to suggest that personation has not been taking place. Furthermore, we know from our history that personation in Northern Ireland did take place.

To sum up, it is well past time for us to have voter ID for our British elections. It has worked in Northern Ireland and worked remarkably well in our pilot areas, and I urge the Minister and the House to adopt it expeditiously.

--- Later in debate ---

[Tommy Sheppard (Edinburgh East) (SNP)]

We have a real problem in this country with democratic participation and engagement. At the last general election, 14.6 million people who were registered and entitled to vote did not do so. In all parts of the country, at every local election we do not have a majority of those who are entitled to vote taking part in the election. In other words, our democracy hangs by these very shoogly nails, and we all ought to be extremely concerned about the situation. It therefore bewilders me that in the midst of all the things we need to do, the Government are committing so much concern and energy to this particular issue, which as far I can see has not been demonstrated to be a problem at all.

As others have said, we are talking about 28 alleged cases of personation last year—one case for every 1.6 million people who voted.

[Mr Lord]

With the hon. Gentleman give way?

[Tommy Sheppard]

I am afraid I do not have time.

That seems to be a problem so marginal as not to require Government attention. We also know that the public are not concerned: a survey released today by the Electoral Reform Society showed electoral fraud at the very bottom of a list of potential concerns the public have about the voting system