Elections Bill (Fifth sitting)

Kemi Badenoch Excerpts

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

[The Chair]

I can only repeat what I said to the hon. Member for Lancaster and Fleetwood. That is a perfectly fair point, and if the hon. Gentleman wishes to table an amendment to that effect, I am sure that the Government will listen very closely. I am completely in the hands of the Committee.

We will start with clause 1, and the question that it stand part of the Bill. Members will note my grouping and selection, and that several detailed matters relating to voter ID will be covered in debates on amendments later today. Clause 1 introduces the schedule on voter ID. I would be grateful if Members could please restrict their remarks to the principles of the proposals. That is quite important. I am sure that we can have a very wide-ranging debate that will be more like a Second Reading debate, but remember that there are loads of amendments later, so there is no point in getting into detail now. We will have plenty of time to discuss the detail.

Clause 1

Voter Identification

Question proposed, That the clause stand part of the Bill.

[The Minister of State, Ministry of Housing, Communities and Local Government (Kemi Badenoch)]

It is a pleasure to serve under your chairmanship, Sir Edward, and to progress the passage of the Bill. I pay tribute to my predecessor, the Minister of State for Disabled People, Work and Health, my hon. Friend the Member for Norwich North (Chloe Smith), for her great contribution to the proposals in the legislation. I ask the Committee’s forgiveness if I am not as sharp as she has been on the details. This is very new to me, following my taking on this position, but I look forward to taking the Bill through Committee and the upcoming stages.

I begin by introducing clause 1, which delivers the Government’s manifesto commitment to introduce photographic identification for voting at polling stations. I will first focus on the principle behind the measure, and why it is essential to the protection of our democracy. The details of its operation will be addressed later, when discussing the contents of schedule 1. I am sure the Committee will agree that it is paramount that we protect the security and integrity of our ballot, so that our elections will remain secure well into the future. The process for voting in polling stations in Great Britain has had no significant changes to security since the Ballot Act 1872. A system used in the Victorian era, when everybody was well acquainted with their neighbours, is simply not fit for the 21st century.

As my predecessor set out many times, there are undeniable vulnerabilities in our system that let people down because they can lead, and have led, to votes being stolen by unscrupulous individuals. We cannot sit idly by and tolerate that. Where there is the opportunity for fraud, we must act, particularly when we have the power to stamp it out with such a straightforward, simple policy. Just because someone is not regularly burgled does not mean that they stop locking their front door. Showing photo identification is an entirely reasonable and proportionate way to confirm that someone is who they say they are.

Many people would question why a requirement to show identification at polling stations is not already in place. In fact, the majority of the public—66%—have said that it would make them more confident in the security of the voting system. To suggest that specific groups, such as young people or those from an ethnic minority background, would automatically not be able to access the freely available voter card, based on assumptions about the work that will be done, is to unfairly diminish the agency and desire of those groups to participate. I will be unambiguous in setting this out: anyone who is eligible to vote will continue to have the opportunity to do so.

[Cat Smith]

I welcome the Minister to her place, and appreciate that she is obviously quite new to this area. I wonder how she feels able to back up what she just said about different demographic groups not having any trouble accessing free ID. The Driver and Vehicle Licensing Agency does not hold data on the ethnic background of people who hold a driving licence, and the Home Office does not hold data on the ethnicity of those who hold passports. Given that those are the two main forms of ID, how is she confident that any particular ethnic group will not be disproportionately affected by the policy?

[Kemi Badenoch]

I am happy to answer that question. As we produce guidance, we will be able to give more details on the specifics, but the fact is that it is an insult to say that someone from an ethnic minority background will have difficulty procuring ID. That is nonsense.

[Cat Smith]

On that point, will the Minister give way?

[Kemi Badenoch]

No, no—I have given way. I am also, as the hon. Lady will know, the Minister for Equalities. I have spent a year working on the disproportionate impact that covid has had on people. Being able to collect data is critical, but assuming from the get-go that people are disadvantaged on the basis of their background is stigmatising, and denies them their agency.

[Cat Smith]

Will the Minister give way? I wish to correct the record.

[Kemi Badenoch]

Let me finish. I do not know the conversations that the hon. Lady has had with other people. I think that she will find that on this issue I will be very robust, and I will not stand in this House and have ethnic minorities denigrated with the assumption that they need the Labour party or the liberal left to hold their hand in order to vote. We have had pilots, and there is a lot of evidence to show that this policy does not discourage people from voting.

[Cat Smith]

On that point, will the Minister give way?

[Kemi Badenoch]

I will not give way any further. We have oral questions—

[Cat Smith]

On a point of order, Sir Edward. I never said anything about ethnic minorities in my intervention on the Minister. I said that data on different ethnic groups was not collected. I never made any comment about ethnic minorities. I just wish to make that clear for the record.

[The Chair]

The hon. Lady has made her point, and I am sure that the Committee will have heard it.

[Kemi Badenoch]

The hon. Lady talked about the DVLA not collecting data on the ethnic background of people, so we know the point that she was making. As I said, I will be unambiguous in setting this out: anyone who is eligible to vote will continue to have the opportunity to do so. I hope that for the rest of the Committee we will be able to have a civilised debate, and not one where we bring in issues that are not pertinent to the matter at hand.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I share the Minister’s distaste at the suggestion that people do not have that access and that agency. Is it not the case that the existing elements of voter fraud in the system fall disproportionately on ethnic minority populations, as we saw in Tower Hamlets in the Bangladeshi community?

[Kemi Badenoch]

I completely agree, and I am very grateful to my hon. Friend for making that point.

I want those listening to the debate to be clear that we will work with them, and for them, to ensure that the implementation supports their participation, and I hope that on that principled point the Opposition will stop their negative and discouraging narrative on the future of the measures. Voter identification is a simple, proportionate and effective means to strengthen the integrity of elections. For those reasons, I urge that clause 1 stand part of the Bill.

[Cat Smith]

It is a pleasure to serve under your chairship, Sir Edward. I welcome the new Minister, the new Government Whip and the new member of the Committee, the hon. Member for Devizes. They missed out on the pleasure of the four evidence sessions that we enjoyed last week, but obviously those evidence sessions—I will make the point again, Sir Edward—were not sufficient to cover all the clauses due to the instruction motion that was passed on the Floor of the House on Monday evening.

It is incredibly disappointing and bad form on the part of the Government to approach the House with a constitutional Bill that fundamentally changes huge swathes of how we vote and exercise our democratic rights as a society without that level of scrutiny. The instruction motion included a change to the voting system that previously happened only under referenda. I note the alternative vote referendum that we had about a decade ago. If we are to change our voting system in this country, not with referenda and not even with consideration on Second Reading or in Committee evidence sessions, I question the accountability to which hon. Members feel they can hold themselves.

Clause 1 requires voters to show photo ID at elections. I believe that in a democracy it is right that voters choose their leaders, but in the Bill we see a reversal of that: it appears that the leaders are trying to choose the voters who participate in elections. There is no doubt that requiring photo ID at a polling station is an additional barrier to voting. No one can argue—I welcome interventions from Government Members—that putting an additional requirement on a voter before receiving their ballot paper is anything other than likely to drive down turnout. If we wish to strengthen our democracy, as the Opposition wish to, one of the best ways that we can do that is to drive up turnout, because bad actors thrive when turnout is low. I wish the Bill were about encouraging participation in elections and democracy, and driving up turnout, because that would make it harder for bad actors to manipulate and twist our election results.

--- Later in debate ---

[Cat Smith]

The Government’s own research showed that 2 million people did not have ID, and 17% of those people said that they would not apply for a locally issued identity document. A further 23% said they were not sure that they would apply. Does the Government’s own research not prove that we risk disenfranchising millions?

[Kemi Badenoch]

I think the hon. Lady is confusing two different things. Those 2 million people are not necessarily 2 million people who are on the electoral register and are not necessarily 2 million people who would have voted anyway. Is she not mistaking correlation for causation and confusing the issue? My hon. Friend the Member for Broadland showed what actually happens when he cited evidence of an improvement in the participation of ethnic minorities and other groups in the electoral process.

[Cat Smith]

I am a little confused by the Minister’s intervention. There was a petition on the Parliament website about using digital IDs to access things online. The Department for Culture, Media and Sport responded to that petition using the statistics that I have used today. If one Government Department is using one set of statistics and the Cabinet Office—or presumably now the Department for Levelling Up and whatever it is—is using different statistics, does that not just show that one arm of Government is apparently not speaking to another arm of Government?

[Kemi Badenoch]

I am very happy to respond to the point the hon. Lady has just made. Different pieces of research are used for different outcomes. My argument was that she is confusing two separate things. The point my hon. Friend the Member for Broadland was making was specifically related to voter ID, and we should not mix and match different petitions and different polls that are used for different purposes as evidence, when the questions being asked are not pertinent to the matter being discussed.

[Cat Smith]

The Minister is right to say that there is a lot of different research done on who holds what ID, and it appears that there is no central understanding in Government about who holds what. That leaves us, as a Committee, high and dry in terms of knowing what impact this policy will have on different communities.

The Committee heard evidence from Gavin Millar QC, who pointed out that if Tower Hamlets was the reason for introducing voter ID, it would be

“an example of a hard case making very bad law, and I would counsel against that.”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 108, Q165.]

--- Later in debate ---

[Brendan O’Hara]

I have been trying, both on Second Reading and in Committee, to tease out where the Northern Ireland comparison comes from and how the Government believe that the situation we have in the United Kingdom in 2021 in any way resembles that in Northern Ireland in the ’70s, ’80s and ’90s, which led to the change. Nobody has managed to give me an answer to explain what the similarities are and why the Northern Ireland example is being used to advocate this change.

[Kemi Badenoch]

Can I come in on that point?

[The Chair]

Order. We cannot have an intervention on an intervention.

[Cat Smith]

The hon. Member for Argyll and Bute is right. Hundreds and hundreds of people lost their vote in the general election in, I think, 1982—it was before I was born. [Interruption.] It was in the 1983 general election. As a response to that, legislation came forward to require forms of ID, which were initially not photo ID, to protect the integrity of the ballot in Northern Ireland, where quite clearly organised crime was being used to disenfranchise literally hundreds and hundreds of voters in constituencies across Northern Ireland and, arguably, to skew election results.

Does the hon. Member for Darlington want to make the case that that is happening right here, right now? I would be very interested to hear whether he thinks that, in his constituency, hundreds and hundreds of voters have had their votes stolen through personation—perhaps at the general election in which he was elected. If he thinks that that is the case, I would be very interested to hear him make the case, but I do not think we can draw a direct comparison from Northern Ireland in the 1980s to England, Scotland and Wales in 2021. Does the Minister still wish to come in on that point?

[Kemi Badenoch]

I am very interested in the shadow Minister’s points, because she is saying that what happened in Northern Ireland in the 1980s is very different from what is happening here now, yet she is advocating keeping the rules the same as they were in 1872—150 years ago. That is extraordinary. We have not changed anything since the 19th century, yet she is saying that what happened in the 1980s is not applicable now. That is quite extraordinary.

[Cat Smith]

I am really thrilled that the Minister has made that point, because I have been the shadow Minister for democracy and elections for the Labour party since 2016 and I think that, in every single speech, I have made the case that electoral law in this country is fragmented and confusing. In fact, we heard from witnesses that we need to solidify—

[Kemi Badenoch]

And now we are making it more uniform.

--- Later in debate ---

[Cat Smith]

I think we have to assume that they were. [Hon. Members: “Why?”] Because of all the evidence that we heard as a Committee. I make no apologies to the Minister—she was not here for the four evidence sessions. We did not hear convincing evidence that this is a widespread problem. That is just not what we heard from the witnesses. We know the statistics on how many people were turned away and did not come back.

Rob Connelly from Birmingham raised concerns that the pilots did not reflect the community that he represents:

“One of our concerns with the pilots was that they did not reflect a large urban area, such as Birmingham, Manchester or Liverpool… It has been calculated that about 2% of people have not got ID. That is the equivalent of 15,000 people in my electorate.”––[Official Report, Elections Public Bill Committee, Wednesday 15 September 2021; c. 56, Q85.]

That is in Birmingham alone. A huge number of people—thousands, or tens of thousands—in cities up and down the country will have to go through the process of applying for this free voter ID card, on which there is no detail in the Bill. How can we be expected to vote for something on which there is no detail?

Returning to where I was before I took quite a lot of interventions, I think Ministers and Government Members are living in some kind of alternative reality. Perhaps they are watching too much Fox News. Our elections do not lack integrity. We consistently hear that in reports from the Electoral Commission and when our elections are observed from overseas. I am proud of our British democracy, and of the way we do elections in this country. I am confident that every Member of this House, whether I agree with them or whether we wear the same colour rosette at elections, and everyone who is sitting in this Committee Room was elected legitimately and got the most votes in their constituency. If any Member wishes to question whether they were legitimately elected to this House, I would be very happy to hear them say that they think they won unfairly.

[Kemi Badenoch]

I think the hon. Lady is confusing the purpose of the Bill. It is to protect the voter, not to ensure that our election results are kosher. I was elected with more than 25,000 votes. Anyone who was unable to vote lost their right. It would not have affected the legitimacy of my winning. The fact that she is saying that shows that she is still missing the point that many people lose their right to vote because another person has voted on their behalf. When I stood for election in 2010, I saw it happen at first hand. It is not reported, and a crime of deception is very difficult to see. She needs to acknowledge that point.

[Cat Smith]

I am a little confused by the Minister’s intervention. That would be reported because the person would have a tendered ballot and that information would be available. The point is—we heard it during evidence—that this policy has been brought in for UK Parliament elections with large electorates and we did not hear one witness say they thought a major election had been swung by mass fraud.

On the example of referendums, I campaigned in the EU referendum for remain, but I do not question that leave won because it would be unthinkable to enact personation fraud on such a scale.