Islamophobia Awareness Month
Kemi Badenoch Excerpts(4 years, 5 months ago)
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The Minister for Equalities (Kemi Badenoch)
Does my hon. Friend agree that on such a sensitive subject such as this, the highly partisan nature in which the debate has been opened, if watched by our Muslim constituents, will look not like people trying to tackle anti-Muslim hatred, but as if they, as a community, are being used as a political football for political goals?
James Daly
I thank my hon. Friend for that point. I could mention all sorts of policies here, whether it is support for the self-employed, for taxi drivers or for anybody else in my constituency. I believe I should be working with other MPs in Greater Manchester for the greater good to support all our Muslim constituents through specific policies that address the issues that are at the heart of the challenges they face.
When you represent people who you know; when you have been part of a community; when you do everything you possibly can to represent people, to be their voice in Parliament and to address the issues—what more do Opposition Members expect? Prejudice is an issue that is addressed through the individual and through all of us behaving in a way where we welcome and take every opportunity to say that we value all our communities, and we especially value our Muslim community. We value every single person. Prejudice and racism are not addressed by a definition. They are addressed by an individual and by all of us coming together to make sure that people are not judged by anything other than their personality, their goodness, and their ability and desire to influence their community for the better.
I can tell everybody in this Chamber and elsewhere that my interaction with my communities is simply for that purpose. I am a politician who wants to make change and who wants to ensure that people are treated in an equal fashion. This Government’s levelling-up agenda is about equality of opportunity. Every single policy that we put in place is to ensure that that is the case and that people are not discriminated against on the basis of their background.
The Minister for Equalities (Kemi Badenoch)
It is a pleasure to serve under your chairmanship, Mr Dowd. I thank all hon. Members for their contributions. It has been a very feisty debate, and it is quite clear that concerns about anti-Muslim hatred transcend party lines.
I thank the hon. Member for Manchester, Gorton (Afzal Khan) for securing this debate. I say to him that I am not afraid of using the phrase “Islamophobia”. We are not going to have a semantic argument, but there are good reasons why we refer to anti-Muslim hatred. It is partly to do with the APPG finding that the definition is not in accordance with the Equality Act 2010. If the hon. Gentleman wants more correspondence on why that is the case, I am very happy to provide it. I stand here not just as the Minister for faith but as the Equalities Minister. We must not allow those who seek to divide our diverse and multi-faith society to succeed. We are united here today in our determination to protect people and end discrimination.
I would like to use this occasion to remind colleagues about the tragic murder of our colleague and friend, Sir David Amess, whose funeral was yesterday. I attended it, as I think many others in this room did. He died at the hands of someone seeking to divide us all; someone claiming to act on behalf of Islam. However, if ever people needed reminding of the real values of Muslims in this country, they need look no further than the tributes paid by the Muslim community of Southend to the life of Sir David. His murder could have fanned the flames of fear and resentment, but instead of opening new fault lines between people, it was met with an outpouring of love and good will.
That is at the heart of what we are here today to discuss. The freedoms to say what we feel and to worship as we please are both fundamental to the character of this country. Those democratic values are reinforced by our staunch belief in equal rights and the rule of law. These are the principles that underpin debates such as this.
Kemi Badenoch
I barely have time to finish my speech, so I am afraid not.
No one in our society should be discriminated against because of their religion. In the spirit of remarks of the hon. Member for Birmingham, Perry Barr (Mr Mahmood), I will talk about the contributions of Muslims to our public life.
Peter Dowd (in the Chair)
Order. The Minister clearly does not want to give way.
Kemi Badenoch
The UK is one of the best places in the world to live, no matter who you are or where you come from. It is full of opportunities. We have a large and thriving Muslim population who have made contributions to our country and society. The country’s first two mosques were founded in 1887, and now there are almost 2,000 mosques serving a Muslim population of more than 3 million. Wherever we look, we see Muslims enriching our public life, including as politicians in the Cabinet, as doctors and nurses keeping our NHS going, and as sporting heroes dominating on the world stage. Their prominence is testament to our openness as a country, and proof of something that has long been true: when someone lives in Britain they can become anything they want, whether that is Health Secretary, Education Secretary or growing up to win gold medals representing Team GB.
I now turn to the remarks made by hon. Members during the debate. I am afraid that I will not be able to cover all of them, but I will try to go through as many as I can. The hon. Member for Manchester, Gorton invited me to visit the country’s first green mosque. I will have a look at my diary and see if that is something I can accommodate. He also asked what we are doing to keep people safe online. He knows that we are progressing the online safety Bill. If there is anything specific he would like to mention, I would be very happy to take them forward on his behalf—it is a Department for Digital, Culture, Media and Sport competency, but I am sure that we all can work together.
The hon. Gentleman also asked what we are doing to protect places of worship. I am told that we are funding, through the places of worship protective security funding scheme, quite possibly well over £100 million. Is that correct? It is quite a lot. I will confirm the amount, but we are putting several millions into the protected security funding scheme. I do not have the exact figure in front of me.
The hon. Gentleman also mentioned his letter to the Prime Minister. This has caused quite a bit of confusion. The hon. Gentleman wrote to the PM and received a response from the party chairman. I often respond on behalf of the Prime Minister. I am informed that, after the hon. Gentleman made a point of order, the Prime Minister responded to his letter, so I hope that we can put that matter to rest.
My hon. Friend the Member for Bury North (James Daly) made some really good points about individual action; it is not just about words or definitions. My hon. Friend the Member for Dewsbury (Mark Eastwood) also made the point that this should not be a party political issue, and talked about the trust that people have in different political parties. This is not just a Conservative party issue, and people should not make it out as such.
I thank hon. Member for Tooting (Dr Allin-Khan) for sharing her experiences of anti-Muslim hatred. I found them quite shocking and will come on to what the Government are doing to tackle that.
My hon. Friend the Member for Wycombe (Mr Baker) asked me to meet the APPG officers. He will be pleased to know that my office has already reached out to the shadow Minister’s office. We have not yet had a response, but I am sure that we will in due course and that we will find a time to meet the APPG. I am happy to meet its chair as well.
Although I admire the passion expressed by the hon. Member for Airdrie and Shotts (Ms Qaisar), I disagree with her fundamentally when she says that we should not take the politics out of the debate. We should take the politics out of the debate—in fact, we must. I grew up in a country where people did not take the politics out of the debate and can tell hon. Members now that when we do not do that and allow politics to infect religions, countries burn. As faith Minister, my approach will be to take the heat and the politics out of the debate. [Interruption.]
Kemi Badenoch
It was disappointing that the hon. Member for Bath (Wera Hobhouse) used her speech to make partisan attacks on colleagues on the Government side of the House. She said that she does not have the lived experience of racism and that we should listen to those who do. I can tell her of my many lived experiences of racism at the hands of Liberal Democrats who made disgusting and vile comments, which I am sure she would be happy to apologise for. We should be able to have this debate without making partisan attacks such as hers. [Interruption.] I did not intervene on Opposition Members, so I will not give up my time to take interventions.
The hon. Member for Slough (Mr Dhesi) made a fair point, which I accept. He said that it is fair to talk about action. I accept that he has made a good point that things have been slow. A commitment was made several years ago and we did lose momentum. We had a change in Administration, Brexit and covid, which, fingers crossed, we are coming out of. I think he will find a different change of tone and pace with me as faith Minister.
We all share the view that hatred of Muslims is a vile social ill. We have no time for people who seek to divide us. As I said before, we will not tolerate anti-Muslim hatred any more than we tolerate antisemitism or any other form of hatred, but the reality is that, despite this and our continued condemnation, stubborn pockets of prejudice exist.
Home Office figures show that 45% of religiously motivated hate crime recorded by the police was perpetrated against Muslims. The fact that Muslims—[Interruption.]
Kemi Badenoch
I would like to conclude my speech without being talked over. I can barely hear myself. This is not the spirit in which we should—[Interruption.]
Peter Dowd (in the Chair)
Order. Can we stop interrupting? We have two and a half minutes. The Member in charge is not going to get to speak and we may not even get to put the question. That is how serious this is. I have tried to be as honest and delicate as I can in this debate and give people the opportunity to speak.
Kemi Badenoch
It is shameful that Muslims can still face verbal or physical attacks and are made to feel like outsiders in their own country. Political parties are granted a rare standing in public life, and it is our job as politicians to demonstrate leadership and set an example for others to follow in everything we do, from our public discourse to our constituency surgeries.
To that end, it was incredibly disappointing that the hon. Members for Manchester, Gorton and for Streatham (Bell Ribeiro-Addy) used their speeches to attack William Shawcross with defamatory remarks that would be actionable if made outside this Chamber. William Shawcross is an outstanding public servant, as is Trevor Phillips, who the shadow Minister mentioned.
Yasmin Qureshi
On a point of order, Mr Dowd. I do not make this point of order flippantly. The Minister has just said that Mr Shawcross is a great man and she started her speech by using a trope about Muslims and terrorism, yet she is meant to be talking about Islamophobia. Shawcross has said that the Muslim faith is a fascist faith. How can she say that he is a person to lead a review that impacts on Muslims?
Peter Dowd (in the Chair)
You know that is not a point of order. Carry on, Minister.
Kemi Badenoch
Debates such as this are symbolically important to show our shared commitment, but symbolism does not improve lives on its own. The Government have done a lot and we have some of the strongest legislation in the world for tackling hate crime, and it is working.
I will give a few examples. In 2019 a man who posted violent messages about Muslims alongside photos of him posing with a fake shotgun was jailed for four years. That year, two brothers attacked a group of men outside a Cardiff mosque: one was sentenced to five years and three months in jail, the other to 18 months in jail.
Our approach to discrimination is something that we should be proud of. In July, the European Court of Justice gave the green light to employers in the European Union to ban their workers from wearing hijabs or other religious insignia. We have taken control of our laws and are no longer subject to the ECJ’s jurisdiction. I am sure that all hon. Members will agree that that kind of prohibition is thoroughly un-British.
I recognise that the debate is concluding, Mr Dowd, so what I will say in closing is that this is an issue that I am prepared to work on with all Members of the House, but what I will not do is be intimidated or bullied, and—
Motion lapsed (Standing Order No. 10(6)).
Draft Local Audit (Appointing Person) (Amendment) Regulations 2021
Kemi Badenoch Excerpts(4 years, 5 months ago)
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The Chair
Before we begin, I encourage Members to wear masks when they are not speaking, in line with current Government guidance and that of the House of Commons Commission. Please also give each other and members of staff space when seated, and when entering and leaving the room. Members should spend their speaking notes by email to hansardnotes@parliament.uk. Similarly, any officials in the Gallery should communicate electronically with the Minister.
The Minister for Levelling Up Communities (Kemi Badenoch)
I beg to move,
That the Committee has considered the draft Local Audit (Appointing Person) (Amendment) Regulations 2021.
It is a pleasure to serve under your chairmanship, Mr Mundell. The regulations we are considering today were laid in draft form before the House on 21 October 2021. If approved and made, they will provide for the appointing person to set fee scales for local audit later in the financial year; apply standardised fee variations in specific circumstances; and appoint auditors for shorter contract periods, where appropriate. These regulations are designed to provide the appointing person with greater flexibility to ensure the costs to audit firms of additional work are met, and to reduce the need for time-consuming case-by-case consideration of fee variation requests in order to support the timely completion of local audits.
The Local Audit and Accountability Act 2014 enables the Secretary of State to make regulations through secondary legislation. This statutory instrument was laid before Parliament under the affirmative resolution procedure. The 2014 Act placed responsibility on local bodies to appoint their own auditors. However, that Act also provided for an “appointing person”, specified by the Secretary of State, to appoint auditors on behalf of local bodies that choose to opt into such arrangements. Public Sector Audit Appointments Ltd is a subsidiary of the Local Government Association, and it is the body currently appointed to perform that role.
In September 2020, Sir Tony Redmond published his independent review into the effectiveness of external audit and the transparency of financial reporting in local authorities. The Redmond review found that there was an increasing disparity between the fee scales set by the PSAA and the amount of work being carried out by auditors. In turn, that had led to a large increase in the amount of fee variation requests, which are requests from auditors to charge additional fees beyond those provided for in the fee scales set by the PSAA for each audit year. The Local Audit (Appointing Person) Regulations 2015 provide for fee variations relating to the audit of a particular authority to be considered by the PSAA. In practice, this means that the PSAA can only consider and approve fee variations on a case-by-case basis.
In their response to the Redmond review, the Government committed to reviewing regulations to provide the PSAA with greater flexibility to ensure the costs to audit firms of additional work were met more easily. To provide that flexibility, earlier this year the Government consulted on potential amendments to the 2015 regulations. The overwhelming majority of respondents to the consultation agreed with the Government’s proposals, which we now propose as the following amendments to the 2015 regulations. First, this statutory instrument will amend the regulatory deadline for the PSAA to set fee scales, from before the start of the financial year to 30 November of the financial year to which the fee scales relate. This will enable the PSAA to take into account more up-to-date information when setting fee scales, including results from previous audits. More accurate fee scales should help to reduce the number of instances in which fee variations are required.
Secondly, this statutory instrument will enable the PSAA to set standardised fee variations to be applied to all local bodies or groups of local bodies. This change is designed to streamline the fee variation process where a particular issue has had a similar impact on the audit of large numbers of local bodies. Circumstances in which this may apply could include a regulatory or policy change, such as a change to accounting or auditing codes, or even one-off events that have a national or far-reaching impact, as we have experienced recently with the coronavirus pandemic. In those circumstances, the PSAA will be able to apply a standardised fee to all affected bodies, preventing the auditor from having to submit a fee variation request for each individual body. The PSAA will be required to consult both opted-in local bodies and local auditors before setting standardised fee variations.
Thirdly, this statutory instrument will give the PSAA the flexibility to appoint auditors for one or more financial years at time, up to a maximum of five consecutive years. That could include years that precede the date to which the authority opts in, if those years still have an audit outstanding. Under existing regulations, the PSAA is required to appoint an auditor to that authority for the remainder of the compulsory appointing period, which could be up to five years, depending at what point in the appointing period the authority elects to opt in.
In conclusion, these amendments will help to support the stability of the local audit market by making it easier for firms to claim for the costs of work completed. Alongside this, we continue to implement all the recommendations we committed to in our response to the Redmond review, including the regulations we are discussing today. I hope that colleagues will join me in supporting the draft regulations, and I commend them to the Committee.
Kemi Badenoch
I thank the shadow Minister for his comments. Members on both sides of the Committee clearly agree that timely completion of audits is vital in maintaining the transparency and assurance of local authority accounts. Late delivery of local assurance can have a significant impact on not just local authority financial planning, but the timely completion of whole of Government accounts. That is why we continue to implement all the recommendations that we committed to in our response to the Redmond review, including the draft regulations.
To answer the shadow Minister’s first question, this was before my time, but my understanding is that we have provided a response to the Redmond review. The shadow Minister raised the question of ongoing funding, for which I have not seen any specific request directly. That is, obviously, not something that I can commit to in Committee. We look at all decisions requiring financing in the round, and authorities would need to make representations for that. Given the pandemic and what various authorities and auditing groups have had to deal with, I think that funding is appropriate, certainly at this point in time.
A new regulatory body was a really interesting recommendation. In our spring report, we set out our intention to establish the audit, reporting and governance authority—a new regulator to replace the Financial Reporting Council as a system leader for local audit within a simplified global audit framework. That is where we feel we can meet that recommendation, not exactly to the letter with the office of local audit and regulation that I believe was the initial recommendation.
I am happy to follow up in writing if the shadow Minister has any further questions, but I do not have any more comments. I hope that the Committee will join me in supporting the draft regulations.
Question put and agreed to.
Elections Bill (Twelfth sitting)
Kemi Badenoch ExcerptsTuesday 26th October 2021
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 View all Elections Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 26 October 2021 - (26 Oct 2021)
The Minister for Levelling Up Communities (Kemi Badenoch)
The provisions pertain to the Government’s proposed new digital imprint regime. The new regime will require promoters, and those promoting on their behalf, behind digital campaign material targeted at the UK electorate to declare themselves, providing greater levels of transparency to online campaigning. In clause 36, “the promoter” of electronic material is defined as
“the person causing the material to be published”
and to publish means to
“make available to the public at large or any section of the public.”
The imprint rules will apply to all material in electronic forms that consist of or include speech, music, text, and moving or still images. It is important that the definition of electronic material is comprehensive to reflect the wide scope of the regime. At the same time, we must remain cognisant of the practicalities of imprint requirements for certain mediums. For that reason, telephone calls and SMS messages will not be in scope of the regime, due to the impracticalities of including an imprint in an SMS or a telephone call.
Clause 36 defines key pieces of terminology that are relevant to the digital imprints regime, specifically the political entities that will be required to adhere to the new regime and that are prominent actors in political campaigning in the UK. The definitions in the clause cross-reference other pieces of legislation to ensure that there is consistency with the terminology used throughout the Bill. Both clauses provide clarity to campaigners who will be subject to the regime and provide consistency to the enforcement authorities that will enforce the regime and wider electoral law. For these reasons, I urge that the clauses stand part of the Bill.
Cat Smith (Lancaster and Fleetwood) (Lab)
We are pleased to see provisions in the Bill on the regulation of digital content. The Electoral Commission has advocated digital imprints since 2003. While digital technology and campaigning have proceeded at quite a pace, legislation to ensure that the ways electronic communications are used are transparently portrayed to the electorate has been somewhat slow by comparison. Extending the imprint rules will help voters to make more informed choices on the arguments presented and to assess the credibility of campaign messages in a digital space in the same way as with print material. When digital material is disseminated by a political party, voters who see that material will be aware of that fact and will be able to make their assessments accordingly.
It is right that political parties, candidates and campaigners should not be able to conceal their identity online, any more than they would if they printed out a leaflet and pushed it through doors. However, I want to flag a slight loophole in the legislation, which allows reshared content to disseminate without an imprint. I would be interested in working with the Government —I extend the hand of the Opposition here—to find a way of resolving this issue.
There do need to be requirements on online content to show who has made it, who is paying for it and how it is being promoted so that voters can make informed choices. Amendments to subsequent clauses may go some way to doing that, but broadly speaking it is a great relief to see this measure before the House in the Bill. It is something that we have called for for a considerable time, and it is great to see us moving slightly further forward, although there are still some loopholes left to be closed.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36 ordered to stand part of the Bill.
Clause 37
Requirement to include information with electronic material
Brendan O'Hara (Argyll and Bute) (SNP)
Very briefly, we will support the amendments. There is no doubt that as a Parliament and a country we are behind the curve and are playing catch-up with those who are experts in digital campaigning. What we do have in our armoury is the demand for transparency. That is all we asking for here: transparency on who is funding and who is the source of these digital political advertisements. That is essential.
We have concerns about what the Government mean by “reasonably practicable”. We need a higher threshold than that. I fear that it would be far too easy for people who are expert in such matters to get around that and to present a convincing argument to the laity on what is reasonable and practicable and what is not. The hon. Member for Lancaster and Fleetwood was right that we have an opportunity to get this right, or certainly to start to close that gap.
The Scottish Parliament elections showed that parties and campaigners largely understood the regulations and were able to comply with them. Anyone who followed those elections, particularly on Twitter, could not have failed to see every candidate changing their Twitter bio during the campaign to explain that. People understood it and people did it.
We have to be alive to the fact that there are people out there who are far more advanced in their technology and their understanding than we are. We should be closing every loophole available to them, to ensure that transparency is increased and that there is no way for them to come out. So we will support amendment 87 and 88.
Kemi Badenoch
The Government are opposed to amendments 87 and 88 because they seek to remove a much-needed element of flexibility in the digital imprint regime for campaigners. Under our proposals, an imprint must be included as part of the material being promoted. Only when it is not reasonably practicable to do so can the imprint be in an alternative location—one that must be directly accessible from the material.
We have looked at this issue closely. Clause 37 is not a loophole for campaigners to exploit, to avoid including an imprint in the material. Instead, it is a reasonable and practical provision that ensures that campaigners are able to comply with the requirement to include an imprint in digital material, regardless of the digital platform they are using. This is an essential provision that must be retained.
As Members will know from their own experience of campaigning online, there will be many instances where it is impractical to include an imprint within the material itself. For example, a text-based tweet on Twitter could constitute material that requires an imprint, but given the character limit, including an imprint would leave little room for anything else. That is why, under our provisions, where it is not reasonably practicable, a promoter could instead comply with the rules by including an imprint in a location directly accessible from the material. That could be done by including a hyperlink in the material or by placing the imprint in a user’s Twitter biography.
The Government are mindful that the digital imprint regime must strike the right balance between increasing transparency in digital campaigning and having a regime that is proportionate and enforceable. The Opposition’s amendments would undermine those efforts as they do not provide for any flexibility on the location of the imprint. That could have the unintended effect of incentivising campaigners to avoid certain digital platforms or mediums for a campaign, due to the unreasonable burden of doing so.
The hon. Member for Lancaster and Fleetwood said that there was another loophole in terms of material being republished that would not include the imprint. That is not the case. Clause 37 does cover republished material—I am not sure whether she has a different interpretation—and I will come on to republished material when we debate clause 37, when I will explain more fully how the clause does that.
Digital campaigning has become an integral part of campaigners’ efforts to communicate messages and ideas to voters. It must continue to be facilitated, while providing the electorate with increased transparency about who is promoting campaigning material online and on whose behalf. Our provisions do that. For all the reasons that I have outlined, the Government oppose the amendments
Kemi Badenoch
I will now continue to present the Government’s proposed new digital imprint regime and the various requirements pertaining to it, which are outlined in clauses 37 to 56. I will also discuss the Government amendments to the clauses as and when relevant.
There are two types of electronic material in scope of the regime—paid-for and unpaid, or organic, material. I will define paid-for—that is, the electronic material— first. Following last year’s public consultation, we have taken on board the consultation responses and expanded our initial proposals to go even further. To that end, clause 38 requires all paid-for electronic material in scope of the regime to include an imprint at all times and regardless of who has promoted it. This aims to capture the type of digital political advertising that currently poses the greatest risk due to its impact and reach: paid-for electronic material that allows individuals to spend significant amounts of money, without identifying themselves, to publish material with the aim of influencing voters.
Two conditions must be met for electronic material to be considered paid-for material in scope of the regime. The first is that material can reasonably be regarded as intended to achieve the purpose of influencing the public or any section of the public to give support to, or withhold support from, a registered party, a candidate or future candidate, an elected office holder, the holding of a referendum in the UK or any area in the UK, or a particular outcome of such a referendum. That is much wider in scope than the print regime, and rightly so. It reflects the realities of campaigning online, where content can be present all year round and is not restricted to specific electoral periods. The provisions have therefore been deliberately designed to capture a broader range of online campaigning material that is not solely linked to seeking to promote or procure electoral success at a particular election.
The second condition for paid-for material in scope of the regime is that the promoter of the material, or the person on behalf of whom the material is published, has paid for the material to be published. Payment does not solely comprise monetary payments, and includes a person providing any other form of payment in return for the publication of the material, including benefits in kind. Broadly speaking, our proposal for paid-for material is thus intended to capture all paid-for digital political advertising.
I turn now to defining “other electronic material”—organic or unpaid material—that is also part of our regime. Applying the regime only to paid-for material would leave significant transparency gaps, given the vast amount of electronic material that is unpaid or organic, which could include posts on a social media platform. Under our regime, therefore, certain political entities will also be required to include an imprint on their other electronic material. By contrast with paid-for material, that is material for which there has been no payment for its advertising.
Our provisions outline the two conditions that a piece of electronic material must fulfil to be considered other electronic material in scope of the regime. The first condition is that, broadly speaking, the material must reasonably be regarded as material that promotes or procures electoral success at certain UK elections, or that promotes or procures the success or failure of a recall petition that wholly or mainly relates to referendums in the UK.
The second condition is that the promoter of the material, or the person on behalf of whom it is published, is one of the following political entities: a registered party, a recognised third party, a candidate or future candidate, an elected office holder, a referendum campaigner or a recall petition campaigner. I wish to emphasise that we have purposefully chosen to restrict the unpaid side of the digital imprint regime to the unpaid material of those specific political entities. That is to avoid stifling political debate and imposing on the general public a requirement to include an imprint where they are expressing their personal political opinion. Additionally, the proposal strikes the right balance between providing a high level of transparency to voters and not placing an undue burden on key political actors to include an imprint on every piece of material they promote.
As campaigners can also share negative campaigning material—for example, about other parties and candidates —material that prejudices the electoral prospects of other parties, candidates and future candidates will also require an imprint. That includes candidates or future candidates on a party list. The concept of future candidates is introduced in clause 28. Future candidates are individuals whose intention to stand as a candidate at a forthcoming election has been declared, but whose formal candidacy has not yet officially begun. That could be someone else declaring on an individual’s behalf, such as an agent or party, or an individual self-declaring as intending to run for elected office on their social media channel.
As candidates become formally recognised at an advanced stage in the electoral cycle, they are able to campaign long before they officially become a candidate. An imprints regime that includes only candidates risks creating a gap in transparency for voters, which is why we are extending the new regime to future candidates. The provisions for the unpaid material of specific entities complement those applying to anyone paying to promote electronic material, thus creating a broad regime that goes further than the print regime and reflects the reality of modern digital campaigning.
Our provisions set out what information must be included in the new digital imprints. The requirements apply to both paid-for and unpaid electronic material that falls within the scope of the regime. As hon. Members will know, having an active online presence is crucial for political parties and campaigners in order to connect with the public and get their message heard. However, voters do not always know who is promoting material online and on whose behalf. Therefore, it is important that the provisions provide certain requirements that an imprint must meet, to ensure that all imprints provide the necessary level of transparency for the public. First, an imprint must be included as part of the material. Only when it is not reasonably practicable to do so can the imprint be in a location that is directly accessible from the material—for example, a hyperlink within the material or placed in a biography—when limited to a certain number of characters, such as in a tweet.
Secondly, the imprint must also be legible or audible and retained as part of the material when republished, if not altered by the person republishing, which I hope addresses the concerns expressed by the hon. Member for Lancaster and Fleetwood. That is required to accommodate the design of various digital platforms and ensure that an imprint is accessible to voters, regardless of the platform on which the material is accessed. To ensure maximum transparency and effective enforcement, our provisions state that the imprint must contain the name and address of the promoter of the material, and the name and address of any person on behalf of whom the material is being published but who is not the promoter.
We must ensure that the digital imprints regime is capable of adapting to the fast-moving world of digital campaigning and technological advances. Therefore, the measures also provide for the information that is required to be included in the imprint to be modified, if necessary, using a regulation-making power.
The regime aims to strike the right balance between providing a greater level of transparency to voters while ensuring that the imprint requirements are proportionate and enforceable. To that end, generally the republishing or sharing of electronic material by another person will not require a new imprint, because the original imprint should be retained in the material. A new imprint may be required, however, if the material has been materially altered since it was previously published.
I wish to emphasise that we are not in any way attempting to regulate the press and other media through this regime. The regime should not act as a practical barrier to journalists by requiring them to include an imprint when they publish material of a political nature. The provisions therefore provide an exemption for material published for journalistic purposes—which is to say, electronic material the primary purpose of which is the publication of journalism—unless the material consists of an advertisement. Party political broadcasts or referendum campaign broadcasts are also exempt as both are already subject to regulation outside of the regime.
Breaching the digital imprint rules will be a criminal offence. That means that if electronic material in scope of the regime is published without an imprint or with an incorrect imprint, the promoter of the material and any person on behalf of whom the material is being published becomes liable for a criminal offence.
The Bill outlines a number of defences, which includes the defence that the contravention arose from circumstances beyond the person’s control. Furthermore, it is a defence that the person took all reasonable steps and exercised all due diligence to ensure that the contravention would not arise. It will also be a defence for anyone charged with an offence to prove that they acted in accordance with the statutory guidance, which I shall turn to in detail in a moment.
To ensure consistency with wider electoral law, we will maintain for the digital imprints regime the division of responsibilities between the police and the Electoral Commission that exists for the print regime. As a result, the clauses provide for the Electoral Commission’s investigatory powers to apply to the digital imprints regime. That will enable the commission to investigate possible digital imprint offences effectively, as it does with the print regime. The police already have the necessary investigatory powers.
We will also give the Electoral Commission the ability to impose civil sanctions in respect of certain offences and only for material related to political parties and referendums. The police will be responsible for material concerning candidates, future candidates and holders of elected office. As with the print regime, the Electoral Commission will be able to refer any criminal offences to the police, if required.
A person guilty of that offence will be liable to a potentially unlimited fine on summary conviction in England and Wales. On summary conviction in Scotland or Northern Ireland, the fine will not exceed level 5 on the standard scale and would therefore not be unlimited.
In specific circumstances outlined in schedule 10, a candidate or their election agent may be guilty of an illegal practice for breaching the requirements when promoting electronic material without an imprint. That is consistent with the existing approach for printed material. That being said, evidence from the print regime suggests that the police and Electoral Commission already enforce imprint offences proportionately and effectively and that campaigners overall demonstrate high levels of compliance with the rules. We believe the existing enforcement approach will work equally well for the digital regime.
Material in which the imprint is incorrect or missing should not be able to remain online and influence the views of voters without providing them with the required level of transparency. Therefore, it is imperative that as part of our regime infringing material can be taken down. The clauses provide for access to material that contains an incorrect imprint or no imprint at all to be disabled or to be taken down from the digital platforms hosting the material, such as social media companies.
Notices to take down—orders to take down, when issued by the courts—can be sent by electronic means, or by post, allowing platforms to address the requests quickly. To ensure that due process is followed, the notices or orders may only be issued by the Electoral Commission or the courts once they have determined that material is in breach of the rules. The take-down notice must include the grounds for serving the notice, the consequences of non-compliance and the rights of appeal. No such provisions are required for court orders. It will be a criminal offence for any person who receives a take-down notice or order, such as a digital platform, to fail to comply with the notice or order without a reasonable excuse. It is important that digital platforms are aware of the consequences if they fail to comply with a notice.
Patrick Grady
This is another technical amendment based on proposals that were submitted by the Law Society of Scotland in its written evidence to the Committee, which I know that Government Members have paid deep attention to.
The clause is relatively technical, providing the Government with powers to make amendments to references to subordinate legislation—it goes right down the rabbit hole of the sweeping powers of secondary legislation that the Government are increasingly taking for themselves. Even though this is a relatively technical part of that process, it speaks to the broader principle, particularly as it includes power to amend certain legislation made by the devolved Assemblies.
As Ministers take those powers, it is not unreasonable for us to ask that they be given a duty to consult the relevant Ministers in the relevant devolved institutions, which is what the amendment seeks to do. We requested consent in a previous amendment, which was rebuffed, but surely, in the spirit of co-operation and consensus, the Minister will agree to a formal consultation process. Everybody recognises there is a certain role for statutory instruments and secondary legislation—they are used by the devolved Governments in Scotland, Wales and Northern Ireland—but we have spoken several times in the Committee of the need to enhance scrutiny procedures and to improve the ability of Members of legislatures of all kinds to interact with them.
I hope the Minister will accept the amendment, but if she rejects it, as I suspect she will, I hope she will at least give some reassurances about the ongoing commitment to non-statutory consultation with Scottish Government Ministers and reflect on what these measures mean overall for the devolution settlement. The Government increasingly, at will, just take powers through this kind of clause—powers that until recently had been a more formal part of the devolution settlement and had been subject to more formal or informal consents.
Kemi Badenoch
The clauses in part 7 make general and miscellaneous provisions. Clause 57 provides for a power to allow amendments to the Bill, or any provisions amended by the Bill in other Acts, where references to secondary legislation become out of date in future. This is a necessary power that would allow, for example, a reference to a statutory instrument that is replaced to be updated to refer instead to the new statutory instrument, to ensure the provisions of the Bill remain workable when such changes occur.
The amendment proposed by the hon. Members for Glasgow North, and for Argyll and Bute, would require the Secretary of State to consult with the devolved Administrations before making regulations under clause 57. The hon. Member for Glasgow North asked for reassurance. This Government are committed to working constructively with the devolved Administrations to ensure that elections work well in the best interests of voters. He will have heard the Secretary of State, who is also Minister for intergovernmental relations, speaking at oral questions yesterday. He works very well with his counterparts in the devolved Administrations, and we should not pretend that things are otherwise in the House of Commons. We will of course liaise with the relevant devolved Administrations over any updating needed due to changes in their secondary legislation, which I think will satisfy the hon. Gentleman’s requirements.
The amendment is overly prescriptive. Some of the updating will relate only to reserved legislation, and some might relate to the secondary legislation of only one of the devolved Administrations, yet the amendment would require a statutory consultation with all of the devolved Administrations each time the power is exercised. That would not be proportionate. I invite the hon. Members to withdraw the amendment.
Clause 58 contains standard financial provisions. It explains that Parliament will pay for any costs that a Minister of the Crown incurs as a result of this Bill, and for any increased costs incurred under existing Acts of Parliament if they arise as a result of the Bill. It also provides that where the Bill increases sums already payable out of the Consolidated Fund under existing legislation, the increases will also be paid out of that fund, and then does the same for increases of sums payable into the fund.
Clause 59 defines a small number of terms used throughout the Bill. It also ensures that where the Bill creates or amends functions of the Secretary of State by amending other electoral legislation, those functions of the Secretary of State will be exercisable concurrently with the Minister for the Cabinet Office.
Clause 60 sets out the territorial extent of the Bill, namely the jurisdictions in which each provision of the Bill forms part of the law. Clause 61 sets out, as is common, that the provisions of the Bill will be brought into force using one or more statutory instruments. Those statutory instruments may bring different parts of the Bill into force on different days. Finally, Clause 62 cites the short title of the Bill—the Elections Bill 2021. These are all technical and necessary provisions and therefore I urge the Committee to allow the clauses to stand part of the Bill.
Patrick Grady
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 57 ordered to stand part of the Bill.
Clauses 58 and 59 ordered to stand part of the Bill.
Clause 60
Extent
Amendment made: 7, in clause 60, page 61, line 36, leave out paragraphs (a) and (b) and insert—
“(a) the amendments made by paragraph 1(1) and (5) extend to England and Wales only;
(b) the amendments made by paragraph 1(2) to (4) and (7) to (12) extend to England and Wales and Northern Ireland only;” —(Kemi Badenoch.)
This amendment is consequential on Amendment 8.
Clause 60, as amended, ordered to stand part of the Bill.
Clauses 61 and 62 ordered to stand part of the Bill.
New Clause 1
Simple majority system to be used in elections for certain offices
‘Elections for Mayor of London
(1) The Greater London Authority Act 1999 is amended in accordance with subsections (2) to (5).
(2) In section 4 (voting at ordinary elections)—
(a) in subsection (1)(a), omit “(referred to in this Part as a mayoral vote)”;
(b) in subsection (2), omit “, unless there are three or more candidates”;
(c) omit subsection (3).
(3) In section 16 (filling a vacancy)—
(a) in subsection (3), for “a mayoral vote” substitute “one vote which may be given for a candidate to be the Mayor”;
(b) for subsection (4) substitute—
“(4) Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election.”
(4) In section 29 (interpretation of Part 1), omit the definition of “mayoral vote”.
(5) In Schedule 2 (voting at elections), omit Part 1.
(6) In section 165 of RPA 1983 (avoidance of election for employing corrupt agent), omit subsection (4).
Elections for elected mayors of local authorities in England
(7) The Local Government Act 2000 is amended as follows.
(8) In section 9HC (voting at elections of elected mayors)—
(a) for subsection (1) substitute—
“(1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have one vote which may be given for a candidate to be the elected mayor.”;
(b) in subsection (2), omit “, unless there are three or more candidates”;
(c) omit subsection (3).
(9) In section 9HD (entitlement to vote), in subsection (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.
(10) In section 9R (interpretation of Part 1A), in subsection (1), omit the definitions of “first preference vote” and “second preference vote”.
(11) In Schedule 2 (election of elected mayor), in paragraph 1, after “authority” insert “in Wales”.
Elections for mayors of combined authority areas
(12) Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) is amended as follows.
(13) In paragraph 4 (voting at elections of mayors)—
(a) for sub-paragraph (1) substitute—
“(1) Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor.”;
(b) in sub-paragraph (2), omit “, unless there are three or more candidates”;
(c) omit sub-paragraph (3).
(14) Omit paragraph 5.
(15) In paragraph 6 (entitlement to vote), in sub-paragraph (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.
Elections for police and crime commissioners
(16) The Police Reform and Social Responsibility Act 2011 is amended as follows.
(17) In section 57 (voting at elections of police and crime commissioners)—
(a) in subsection (2), omit “, unless there are three or more candidates”;
(b) omit subsections (3) to (5).
(18) Omit Schedule 9.’ —(Kemi Badenoch.)
This new clause makes provision for the simple majority system to be used in elections for the Mayor of London, mayors of local authorities in England, mayors of combined authority areas and police and crime commissioners.
Brought up, and read the First time.
Kemi Badenoch
These amendments move elections for police and crime commissioners in England and Wales, the Mayor of London, combined authority Mayors and local authority Mayors to the simple majority voting system, more commonly known as first past the post. The new clause amends legislation that provides for the supplementary vote system to apply when there are three or more candidates in an election or by-election for each of these posts. Under the new provision, each voter has one vote and the candidate with the most votes will be elected. Amendment 59 is consequential on that provision and modifies the long title of the Bill to include provision about the use of the first-past-the-post system in elections for certain offices.
The Government’s manifesto committed to supporting the first-past-the-post system. That reflects the will of the British people in the nationwide 2011 referendum, which saw two thirds of voters in favour of retaining first past the post for parliamentary elections.
Kemi Badenoch
All I can say is that that would have been a question for my predecessor. These discussions happened before I came into post. I know that this was a Government manifesto commitment, and I see no reason why, if there is a convenient Bill to allow us to fulfil a manifesto commitment, we cannot use it as a vehicle for doing so.
The Government’s manifesto committed to supporting the first-past-the-post system, as I have said, and my right hon. Friend the Home Secretary announced in March the initial recommendations of the review of police and crime commissioners. It recommended that the Government introduce legislation to change the voting system for all combined authority Mayors, the Mayor of London and police and crime commissioners to first past the post when parliamentary time allowed. The Home Secretary’s review of police and crime commissioners also extended to Mayors who can exercise PCC powers, to metro Mayors and to the Mayor of London. Changing the voting system for local authority Mayors, too, to first past the post will ensure consistency in voting method for all directly elected Mayors in England. This undertaking aligns with our belief that the first-past-the-post system is robust and secure and provides strong local accountability.
Kemi Badenoch
I believe it was a coalition Government who introduced PCCs, not a purely Conservative Government. We have had PCCs for 10 years now and there has been plenty of time to review the system and decide whether improvements can be made. There are many things that previous Labour and Conservative Governments have done that future Governments will change, and this is one of them.
Changing the voting system will ensure consistency, and this undertaking aligns with our belief that first past the post is robust and secure and provides strong local accountability. Moving to first past the post will make it easier for the public to express a clear preference. Additionally, as a simple, well-understood and trusted system, it will reduce complexity for voters and administrators alike.
On Monday 20 September, the House approved a motion to instruct this Committee to make provision in the Bill for the use of the simple majority voting system in elections for the return of the Mayor of London; an elected Mayor of a local authority in England; a Mayor of a combined authority area; or a police and crime commissioner. The House’s approval has enabled the Government to bring forward this new clause, and I therefore commend it to the Committee.
Cat Smith
I must say that I was very surprised when we received an instruction motion. To be honest, I had not seen one before during my time in this House, and I did not realise that the Government had been so disorganised that they had forgotten to put one of their manifesto commitments in the Bill, but by all accounts, that is exactly what has happened. It is not only chaotic, but deeply disrespectful to the House.
Our colleagues who do not have the privilege and joy of serving on this Committee got to debate the Bill on Second Reading, when we had no idea that this new clause would be included. Although we are able to debate this new clause, our colleagues were not able to raise concerns about it on Second Reading. It is disrespectful to our colleagues that they have not yet had the opportunity to raise concerns about this clause, but it is also disrespectful to this Committee. When, through the usual channels, we decided which witnesses should give evidence to the Committee, we did not know that a new clause was going to be tabled that would massively shake up the way in which many elections take place in England and Wales. We were not able to get witnesses who were experts in voting systems before the Committee, so that we had the opportunity to quiz them—to ask questions and explore whether the first-past-the-post system is as desirable as the Minister seems to think. We did not have the opportunity to explore how successful, or perhaps otherwise, the supplementary vote system has been in mayoral elections in England, or in police and crime commissioner elections in England and Wales. None of that was allowed for, which is disrespectful to this House, this Committee, and our colleagues who did not have the opportunity on Second Reading to ask questions and scrutinise the Government.
Moving beyond the incredibly disrespectful way in which new clause 1 has been tabled and turning to its specifics, I ask the Minister what consultation she or her predecessor have had with Mayors about whether this was a change they were seeking. Having spoken to many elected Mayors over the past few weeks, it strikes me that they did not know that this was coming, and it has come as something of a surprise. There was no clamour for it from their offices, and they are deeply hurt that the Minister has not reached out to them to consult with them on this new clause.
Specifically looking at London—I admit that I have had to swot up a fair bit on this issue, because I am not a London MP—in 1998, in the Greater London Authority referendum, Londoners were asked whether they wanted to have a Mayor and an assembly, and it was clear that that Mayor would be elected using a supplementary vote system. Londoners agreed, by a majority of 72.01%, that this was something that they wanted. Is this Committee going to overturn a democratic referendum—the democratic will of the people, we might say; in this case, the people of London—to change the voting system?
Last time we had a debate about changing the voting system in this country, the alternative vote referendum that everyone has clearly long since forgotten about, that question was put to the people, because this is a really major change. For us to be changing the voting system used in elections in this country not by referendum, not even by putting it in the Bill and debating it on Second Reading, but by slipping it in in Committee, is absolutely shocking and appalling. It is one of the lowest points of this Bill; as I have said at earlier stages, there are plenty of other things in this Bill that I disagree with, but I am deeply offended by the way in which the Government have gone about this. It is disrespectful, and it is riding roughshod over democracy.
Specifically in the case of the London referendum, every single London borough voted to elect their Mayor using a supplementary vote system. Who is this Committee—many of us are not even London MPs—to say to those people, “You voted in that referendum for that, but we are taking it away from you”? I had a little look at the breakdowns for different boroughs, because I was surprised when I saw that every London borough had voted for it—this is a diverse city—but in the lowest supporting areas, Havering and Bromley, it was still 60% and 57% voting in favour of that system, with the highest support being in Lambeth and Haringey, which had 81% and 83% respectively.
Patrick Grady
If by “here”, my hon. Friend means the Union, yes, I entirely agree; if he means this Committee Room, I am afraid I do not agree, because I know how desperate Sir Edward is to chair our final sittings next Wednesday, so it is important that the Committee takes as long as it can to consider every one of these new clauses in great detail. I therefore look forward to all the speeches from the Conservative Back-Bench members of the Committee, who will now rise in defence of this major constitutional change that the Government want to bring forward. When they do, I urge them to reflect on the growing divergence that we have spoken about. This is not a levelling up or a coming together, but a growing apart of the constituent parts of the country, which have pretty fundamentally different perspectives on how democracy is, and should be, done. Although it is not for SNP Members to tell Members from England how their local elections should be determined and run, they ought to think about the issue carefully before they cast their vote.
Kemi Badenoch
I want to respond to a few points made by Opposition Members. On engagement, the policy was announced back in March. It is just that it was not a Cabinet Office policy; it was a policy from the Home Office and the Ministry for Housing, Communities and Local Government, as it was known then. I am informed by officials that there was engagement with Mayors, but the hon. Member for Lancaster and Fleetwood may not have been aware of it.
The point about the procedure being disrespectful to the House is nonsense. The House voted for the procedure. It is also wrong to say that people have not had a chance to debate it if they are not on the Committee. I am sure that the Chair will correct me if I am wrong, but anyone not on the Committee who wants to take part in its debates can do so; they just do not have voting powers. No one not on the Committee has turned up today. That means that they did not want to debate this. If they did, they could have done so, just as we all have.
The hon. Lady made multiple references to the London mayoral and London Assembly elections. She is probably not aware that I was elected to the London Assembly in 2012, when I was a list candidate, and in 2016. She says that this is not something that people want. People repeatedly complained about how frustrating the system was. Going back to 1998, when a 2011 referendum occurred, is to ignore more recent evidence. Going back to 1998, when a 2011 referendum occurred, is to ignore more recent evidence. To say that 23 years after the 1998 referendum, which was not specifically on the voting style but really about whether or not to have a Mayor, is a very specious argument. I do not accept it at all.
I also found it mildly amusing to hear the hon. Lady say that the Committee needs experts to explain how first past the post works in relation to other voting systems. All of us here know how first past the post works, and also how the other systems work. I am not sure we can reasonably say we need so much expert advice on the way we are all elected.
Finally, the hon. Lady says that this is undemocratic, and I believe one of the SNP Members said that this was for political reasons. The fact is that in London mayoral elections, to which they are referring, no election would have had a different result, irrespective of whether it was first past the post or transferable voting. This is making things simpler and easier to understand for people who have complained.
Brendan O'Hara
To correct the record, I said that it is utterly self-serving, and completely politically partisan, and fundamentally undemocratic.
Kemi Badenoch
And I still reject the hon. Gentleman’s point. The fact is that we have a Labour Mayor at the moment; we have had more Labour Mayors than Conservative Mayors; and first past the post gives accountability and strength to the people who are elected.
Cat Smith
The Minister is absolutely correct about the London Mayors, and that first past the post would not have changed the results of any London mayoral elections. Is she aware of any mayoral posts currently held in England where the result would have been different using first past the post? Could she perhaps give an example of some of those?
Kemi Badenoch
No. I do not have a list of the mayoral elections that would be different, because the point is that we are not doing this for political reasons; we are doing it to simplify the system.
Kemi Badenoch
I will finish this point, because I know we want to finish this this afternoon. This was a manifesto commitment; people voted in the 2019 election knowing that this was in our manifesto. What would be undemocratic would be if we did not do this. That is why I urge Members to support the new clause.
Cat Smith
I will just let the Minister know the answer to my question, which is, of course, that there are some mayoral elections in England that would have been different if they had been held under first past the post. From the ones that I have seen, that would be because the Conservatives would have won under first past the post, while under the supplementary vote, they did not. I just thought I would help the Minister by pointing out that her amendment does very much help the Conservative party.
Cat Smith
It will always be a matter for this House to decide. A citizens’ assembly cannot change the law; only we parliamentarians can do that. A citizens’ assembly could put interesting proposals to the House, and it might throw up proposals that it had not even crossed our minds that the public might want.
I am glad the hon. Gentleman raised the example of climate change. Lancaster City Council has pulled together a citizens’ assembly on climate change and finding ways in which we, as a city, can be greener. The assembly has come up with proposals that were not in any party’s manifesto at local elections. Those things came forward from the public, who were given that space and opportunity to speak to experts and develop their own ideas. If we take that one small example of looking at climate change in a city in north Lancashire and apply it to a UK-wide citizens’ assembly looking at electoral systems and integrity, as it says in the new clause, the opportunities are far greater. In my time in this Front Bench role, which I have held since 2016, it has struck me that there is an awful lot of talk about electoral systems and democracy in this place, but we do not hear enough from the public. A citizens’ assembly would be a fantastic way of ensuring that the decisions we make can be inspired and influenced by people in this country—our electors.
Parliament is not a citizens’ assembly. We choose to put ourselves forward for elected office. I dare say that the kind of people who put themselves forward for electoral office are not all totally like the rest of the country. Many of the people who elect us look at the job we do and question why we do it. I can say, hand on heart, that both my younger sisters have said to me, “Cat, I have no idea why you do that job.” Being a full-time elected parliamentarian is a completely different experience from being a citizen on a citizens’ assembly, and I do not think we should equate the two.
We can learn lessons from the Republic of Ireland, which uses citizens’ assemblies to debate really complex ideas. That gives me confidence that UK citizens would, like Irish citizens, be able to come to policy solutions on very complex issues, including electoral systems and democratic accountability. We have a lot to learn from them. There is absolutely no obligation on us as parliamentarians to implement the outcome of the citizens’ assembly. We can take those recommendations and do what we do with many parliamentary reports—put them on the shelf and let them get dusty—although I would like to think we would not. However, there is no harm, and only opportunities for good, to come from supporting this new clause.
Kemi Badenoch
I have listened to the arguments carefully, and I am not persuaded that there is a need for a citizens’ assembly on this issue and for a statutory requirement, so I Members to oppose the new clause.
Kemi Badenoch
New clauses 3 and 11 would impose a legal duty on public bodies, requiring them to provide information to electoral registration officers for the purposes of automatic electoral registration of identified electors. I am open to being persuaded, but the arguments need to be very good and, clearly, should not contradict the principles on which we stand for election or that can be found in previous legislation. We cannot agree to the new clauses as they contradict the principle that underpins electoral registration: that individuals are responsible for registering themselves. For those reasons, we cannot support new clauses 3 and 11.
In addition, new clause 13 broadly replicates existing legislation and is therefore unnecessary. The Higher Education and Research Act 2017 ensures that the facilitation of electoral registration is a condition of the higher education framework, so I urge Members to oppose the new clause.
Cat Smith
I rise to speak to new clauses 11 and 13, which are tabled in my name. Throughout the passage of the Bill, we have had discussions about the security of elections, and there has been much talk about whether individuals can fiddle results and how elections can be stolen. I tabled the new clauses with the hope of making our elections more secure, because we know that when the electoral register is more accurate and more complete, it is harder for malign actors to fiddle it round with just a few votes. At the moment, having 9 million voters either missing entirely or registered incorrectly is a weakness in our democratic system. It is a move to improve the security of our elections to have a more accurate electoral register.
I liked the point made by the hon. Member for Argyll and Bute: we do not register to pay tax, so why do we register to vote? I believe that it is very important to vote, and I tell anybody who will listen how important it is to take part in our elections, but I am aware that many people do not have figures like me in their lives—they are probably grateful for it. Given that we know we can have automatic voter registration and a more accurate electoral register, it strikes me as utterly bizarre that we would not want that—that we would not want a more accurate electoral register and not want to know that when we go to the country everyone who should be registered to vote can vote and hopefully does vote. I would like to see increased voter turnout, but at the moment people are falling at the first hurdle when they find that they are not on the electoral register.
New clause 13 is specifically about colleges and universities, because we know that younger voters are far less likely to be registered than older voters. There is a real gap.
Cat Smith
I rise to speak to new clause 8, tabled by me and my hon. Friends. It was good timing for the SNP spokesperson to open the debate on the age of enfranchisement. The Labour party would extend the franchise to 16 and 17-year-olds. The Welsh Labour Government have done it, and we have seen it work well for a number of years in Scotland. We know that the record of voting in the Scottish parliamentary and local elections proved that 16 and 17-year-olds are more than capable of casting their votes and making informed decisions.
Since this year’s Senedd elections, Welsh 16 and 17-year-olds can now vote for their Members of the Senedd. The experience of the Scottish referendum showed that, when given a chance, 16 and 17-year-olds have a higher rate of turnout than 18 to 24-year-olds, with 75% voting, and 97% say that they would vote in future elections. Only 3% said that they did not know. That flies in the face of some of the arguments that I have occasionally heard in opposition to this idea, although we have not heard any yet today, that say that young people would not be well informed. We know from analysis of the referendum in Scotland that 16 and 17-year-old voters accessed more information from a wider variety of sources than any other age group, so, arguably, they are incredibly well informed and not necessarily biased towards one political persuasion.
A lowering of the voting age has been called for many times over the years. I have called for it many times since I was elected. It would enable young people to have their first experience of voting, often when they are still in full-time education. I know from studies that I have read over the years that if an elector votes the first time that they are eligible to vote in an election, they are far more likely to go on to develop a lifetime habit of voting and engaging in democracy. Again, it comes back to security in elections. One of the best ways we can make our elections safer and more secure is by increasing turnout. A good way of increasing turnout in the long term is to maximise the number of people whose first opportunities to vote come when they are still in full-time education, when they are still very much supported to vote.
At the moment, with the voting age for England and Northern Ireland coming in at 18—it has been 18 for UK general elections, and in Scotland and Wales as well—for many young people their first vote comes at a time of great change in their lives. They might be starting out in the world of work, might have gone off to university to study, or might have recently moved out of the family home. It is far better that we give young people an opportunity to vote and give the franchise to 16 and 17-year-olds so that we can increase the chances of an electorate that is engaged in the process and that votes. That is better for the security of elections.
Kemi Badenoch
I was amazed to hear the hon. Member for Argyll and Bute, who is clearly suffering from significant amnesia if he claims not to have heard the arguments on votes at 16. As the hon. Member for Lancaster and Fleetwood said, the subject has been debated time and again, certainly every single year since 2010. There is no need for me to rehash the arguments. I ask him to ask his parliamentary researcher to research Hansard. Given our manifesto commitment to maintain the current franchise at 18, and having been elected on that principle, the Government have no plans to lower the voting age. We will not support the new clause.
Brendan O'Hara
Yet again the Minister is outrageously dismissive. A part of her job is to answer questions in Committee. This is an important Committee. To say, “Go and ask an SNP researcher” is an absolute outrage. Minister, you have a responsibility to this House to answer direct questions and I am afraid you have been sadly lacking in doing that. We will not push the clause to a vote this afternoon, but we will test the will of the House on Report. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 5
Voting by convicted persons sentenced to terms of 12 months or less
‘In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after “Scotland” insert “or a parliamentary election”.’—(Patrick Grady.)
This new clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.
Brought up, and read the First time.
Patrick Grady
I beg to move, That the clause be read a Second time.
As with the other new clauses we are debating in this sequence, new clause 5 is about levelling up the franchise for election to the House of Commons with that of the Scottish Parliament. The Scottish Elections (Franchise and Representation) Act 2020 is a genuinely historic piece of legislation. It introduced the widest franchise that has ever existed in these islands, possibly in western Europe. In May this year more people were eligible to vote in the Scottish Parliament elections—indeed, more people did vote—than in any other election ever held. That is even more remarkable given the context of the global pandemic and the severe restrictions on the practicalities of voting and the challenges that people faced in terms of social distancing. More people also voted for the SNP than had ever voted for the SNP before.
The 2020 Act was remarkable. It included, as we have just discussed, votes at 16, and the extension that we will come on to. It also included a small number of prisoners serving sentences of 12 months or less. The Electoral Commission reckoned from electoral returning officers’ data that about 38 eligible prisoners had registered to vote in the election. It is a small number—probably it could be larger—but it is nevertheless significant. In 2005, the European Court of Human Rights found that the blanket ban on prisoner voting in the United Kingdom meant that the country was in breach of article 3, protocol 1, of the European convention on human rights. The Scottish Government therefore see the introduction of this provision as an important step towards compliance with that judgment and respecting the fundamental rights that exist even for people who have been incarcerated.
The legal system in Scotland also now exercises a presumption against short sentences, but that approach and the right to vote if serving a sentence of 12 months or less are both rooted in the principles of inclusion and a desire for rehabilitation. There is therefore not only a human rights imperative to the new clause—to bring the United Kingdom further into line with the judgment handed down by the European Court of Human Rights—but the importance of aligning the franchise across the different legislatures of these islands. That is something that the Government ought to consider and support, although I suspect we will hear the opposite.
Kemi Badenoch
The Government believe that when citizens commit a crime that is sufficiently serious to detain them in prison, they have broken their contract with society to such an extent that they should not have the right to vote in prison. We were elected on a manifesto that makes it clear that we will maintain the ban on prisoners voting in jail. Prison means the loss of a number of rights and freedoms, not least the right to freedom of association and liberty. The Government believe that the loss of voting rights while in prison is a proportionate curtailment of such rights. As such, we cannot support the new clause.
Patrick Grady
I thank the Minister for that brief response. Nevertheless, it is important that we test the will of the Committee, because the new clause is about ensuring that the franchise is aligned and that we are compliant with the decision of the European Court of Human Rights.
Question put, That the clause be read a Second time.
The Chair
Apart from the exception that we agreed this morning, if hon. Members want to speak, they should rise a little bit out of their chairs.
Kemi Badenoch
The right to vote in parliamentary elections and choose the next UK Government is rightly restricted to British citizens and those with the closest historical links to our country. European citizens, for example, have never been entitled to vote in parliamentary elections. This new clause would extend the parliamentary franchise to all foreign nationals resident in the UK. The Government have no plans to extend the parliamentary franchise and cannot support the new clause.
Question put, That the clause be read a Second time.
Fleur Anderson (Putney) (Lab)
We have been talking so far about making the Bill less confusing and more streamlined to enable more people to vote—that being the aim—as well as about ensuring that voting has integrity. It will be very confusing to be on the doorstep telling people to vote, depending on whichever agreement we have at the time with different former colleagues in the EU. It would really simplify voting if the new clause were agreed or could at least be considered as the Bill goes forward. It will be very difficult for people to work out whether they possess these voting rights at the time each election happens. To ensure that more people vote and that it is as easy as possible to do so, voting should be as simple as possible, and allowing all EU nationals to vote is the simplest way.
Kemi Badenoch
Our position has always been that after our exit from the EU existing voting and candidacy rights should be maintained where possible. The new clause would extend the parliamentary franchise to EU citizens where no such rights previously existed, as I said during our debate on the previous amendments. Those who are nationals of a member state have never been able to vote in UK parliamentary elections by virtue of their EU citizenship. If an EU citizen becomes a British citizen, they will be eligible for the parliamentary franchise from that point. The right to vote in parliamentary elections and choose the next UK Government is rightly restricted to British citizens and those with the closest historical links to our country.
Brendan O'Hara
I thank the Minister for that pre-prepared paragraph. We will push this new clause to a Division.
Question put, That the clause be read a Second time.
Cat Smith
I beg to move, That the clause be read a Second time.
This new clause would increase the accessibility of postal voting. As we have seen, the Government have reduced voters’ flexibility to use postal votes through the earlier clauses of the Bill. Their changes will make the process of voting more complex and bureaucratic and, I fear, turn voters off bothering to vote at all. Ministers should be directing their energy towards changes that will make voting easier, not putting up more barriers. Since we are considering all things elections, I also wonder why on earth postal voters need to print off and submit a form via the post when it is possible to register to vote online. That an additional administrative burden could be quickly removed through online postal vote applications. The Opposition are trying to make postal voting more accessible, and that requirement is an additional administrative burden that could be removed by allowing online applications.
There is no good reason why the policy intention of this new clause should be voted down by the Government. I would be interested to know whether, if the Minister is not happy with the wording of our new clause, she would be interested in taking it away and exploring ways in which we can embrace digital technology to make our democracy more accessible. She is certainly not afraid of technology: I admire the fact that she is one of the few Ministers who is often at the Dispatch Box with an iPad, rather than a sheet of paper. Given her enthusiasm for all things digital, I wonder whether there is scope for the Government and Opposition to work together and come forward with a solution to digitalise this process, making processes quicker and more accessible for electoral administrators and delivering more of what voters now expect when engaging with any aspect of applying to do things through the state.
Finally, given that COP26 is about to start, moving to online applications would of course reduce the use of paper and would therefore be a greener policy as well.
Kemi Badenoch
Committee members may want to get out their smelling salts, because the Government agree in principle with the introduction of online absent voting applications. The Government developed the basis for a potential online absent voting application earlier this year, and further work is under way to determine whether it can be rolled out safely. The Government are committed to increasing participation in our democracy and empowering all those eligible to vote to do so in a safe, efficient and effective way.
As the hon. Lady mentioned, an important part of the legislation is to provide electors with a choice on how to cast their vote. Now more than ever, people may wish to make use of absent vote and postal vote methods, which are essential tools in supporting voters to exercise their right to vote. As she said, in a digital world, it is right that we spread the use of technology, when that can be done safely, to further increase accessibility and the efficient running of our elections.
Fleur Anderson
Absolutely. We just do not know what will happen on the day. We do not want people to lose out on a vote just because emergencies happen. To extend proxy voting will not cost any more. It will not undermine any of the previous clauses; it does not change the fact that voting will be secure—the same security will be there. It all stays the same, but extends it until 5 o’clock on election day, which seems a fair thing to do, and I urge everyone to support the new clause.
Kemi Badenoch
The Government cannot support the new clause as we believe that in order to maintain the integrity of the electoral process, the emergency proxy provision cannot be drawn too widely. We discussed that in passing when considering other clauses. The arguments for emergency proxies still stand. There is already provision for electors to be able to apply for an emergency proxy, as the hon. Member for Putney said, in the event of illness or recent disability or for reasons of occupation, service or employment. These are important provisions that facilitate participation in the electoral process.
In his review into electoral fraud, Lord Pickles considered emergency proxy voting and found that there was concern among electoral administrators that widening the right to an emergency proxy would increase the risk of fraud. We therefore have no plans to increase the availability of emergency proxy voting.
Question put, That the clause be read a Second time.
Fleur Anderson
I beg to move, That the clause be read a Second time.
The new clause is in a similar vein to the previous new clause. It would require officers to make provision for voter registration up to and including polling day.
Yesterday, the ultra low emission zone was extended—bear with, because this is relevant. Plans for the ULEZ started in 2014; it was announced in 2017, there were lots of consultations across London, and it was introduced in 2019. There were further consultations on extending it, as has happened. More consultations and measures were put in place. It was very controversial. Signs have been going up on our streets since May. Yet still, yesterday, it was a surprise to some people. A lot of constituents got in contact with me, saying, “What is this ULEZ? Why don’t I have a say on what’s happening?”
As we all know, we might flag something, advertise it as much as we like, but some people will be surprised to find that it is election day. They will be surprised to find out that they have to use their ID to vote. They will be surprised to find out that the deadline to get a postal vote or voter ID has passed. These changes will be a surprise to many. There are 9 million people of voting age not on the register. The moves in the Bill to increase the frequency of registering for a postal vote and to change to the voter ID system will not be known about by many people until election day.
As I have said, every single vote counts. I am sure we all agree. However, in every single pilot for this Bill, people were turned away from polling stations and then did not return because they did not know about the different provisions being made. Some elections are won or lost by a single vote, or a handful of votes.
This, therefore, is a high-risk strategy; if same-day voter registration is not allowed, the Bill will stop people from voting. It is an unproven system—there were not many pilot schemes—and at the cost of £120 million, we must get it right. We should be increasing voting, not decreasing it, and having same-day registration will increase voting. The new clause will enable everyone who wants to vote to vote. Not allowing same-day registration will prevent that.
I am sure the Minister will not accept the new clause, despite the earlier signs of change. However, I challenge her to return to amend the Bill, if this is not accepted, with the provisions that she would deem necessary to enable same-day registration, and to match the ID that would be deemed to be strong enough, safe enough and secure enough to maintain the integrity of the Bill, in the Government’s view, but also allow same-day voting.
Kemi Badenoch
We cannot agree to the new clause, as it would have a significant logistical impact on the conduct of elections. Allowing registrations on polling day itself would raise issues about how the eligibility of applicants can be verified, and uncertainties as to the register to be used for the election, undermining confidence in the process.
All applications should be subject to the same level of scrutiny and checks; if we allow applications to be made on the day, that would leave electoral registration officers having to confirm a person’s eligibility after the close of poll. As there is a legal requirement that returning officers start the count within four hours of the close of poll, that would have a significant impact on the timing of the declaration of the results for polls. The declaration would need to be delayed, pending confirmation that those voters who registered on polling day were indeed entitled to vote at the poll.
Any same-day registrations would need to be verified by EROs, which could take some days to do. That would no doubt present some issues to the longstanding tradition of counting and declaring election results as soon as possible, which has had benefits for establishing certainty and for having a Government in place as soon as possible. I therefore urge the hon. Lady to withdraw the motion.
Question put, That the clause be read a Second time.
Fleur Anderson
I thank my hon. Friend for raising the awareness of the report to the Committee and directing us toward the potential risks when it comes to overseas permitted donors. Those open the door to a lot of concern, which we have seen in the past and has been reported on in past elections.
What better way is there to have influence than with a UK residency? Someone could be living here as a student, qualify as a resident, then return to their country and many years later be able to register as an overseas voter, thus being able to bankroll and influence our parties. It is unfair and wrong that there is a loophole. People who do not live in the UK and pay tax and are not affected by the rules and decisions of elected politicians can take such a full and active role in financing our political system, giving them more of a say—because of their wealth—than many working people living here all their life, who are very affected by the decisions made.
Many feel that Tory donors, for example, already have more of a say than working people in this country, and the Bill will only continue that fear. As the shadow Minister said previously in Committee,
“My biggest concern about the overseas electors section of this Bill is the fact that it could undermine the integrity of our electoral process.”––[Official Report, Elections Public Bill Committee, 21 October 2021; c. 245.]
Let us be clear: the true motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors unlimited access to our democracy, allowing them to bankroll Tory campaigns, for example, from their offshore tax havens. If that is the case, then vote against the amendment, cut the link between overseas voters and permitted donors, and only allow overseas voters to vote. It is as simple as that. If that is not the true motivation, let us close the loophole and cut the link by voting for new clause 14.
Kemi Badenoch
As the hon. Member mentioned, we discussed this issue when considering clauses on overseas electors. I did agree with Opposition Members that we should look at ways to ensure that we do not inadvertently create new loopholes while trying to secure the voting system or inadvertently extend the franchise beyond the Bill’s intention.
Having said that, what the hon. Lady refers to as a loophole is not. It is a long-standing principle—one originally recommended by the Committee on Standards in Public Life in 1998—that permissible donors are those on the UK electoral register. If someone can vote for a party, they should be able to donate to it.
UK electoral law already sets out a stringent regime of spending and donation controls, to ensure that only those with a legitimate interest in UK election can donate or campaign. That includes British citizens who are registered as overseas electors. I have explained that I am very open to discussing what we can do to secure the system but, for the reasons I have outlined, the Government do not support the new clause. I hope the hon. Member for Putney understands that and will withdraw the new clause.
Cat Smith
I wonder whether I might trouble the Minister. Will she commit to a meeting to discuss the specific issues that the new clause raises, looking particularly at the Russia report and whether we could find cross-party agreement on ensuring that our elections and democracy are safe and secure?
Kemi Badenoch
I am very happy to have a meeting, and I think we should look at the whole section on overseas electors. I have not read the Russia report, so I am keen to get a briefing on it from the hon. Lady. I am sure that officials will also prepare a briefing so that I can fully understand. Given that, I hope the Opposition will withdraw the new clause.
Question put, That the clause be read a Second time.
Patrick Grady
My hon. Friend is absolutely correct, and the point about proportionality is very important. We have heard about the rampant corruption in the UK electoral system and the complete inadequacy of the police, the Electoral Commission, local election returning officers and so on. A picture has been painted throughout the passage of the Bill. Why would the Government be content to keep the maximum level of fine at £20,000, when the Electoral Commission says it is really not adequate to provide either a deterrent or a punishment?
One example on which everyone in this room will find a point of consensus was when the Liberal Democrats were fined £20,000. [Hon. Members: “Hear, hear!”] They are not here to defend themselves—it is a wee shame. In all seriousness, the investigation that year found that 307 payments totalling £184,676 were missing from the Liberal Democrats’ spending return without a reasonable excuse. In return, they were fined £20,000, which was the maximum that the Electoral Commission could levy.
I would not suggest that is the mindset of the Liberal Democrats, but less scrupulous participants in our electoral process might think that £20,000 was a price worth paying for not reporting figures that were nearly 10 times that amount. To be clear, I am not saying that was the case with the Liberal Democrats, but perhaps other, less scrupulous participants might adopt that attitude.
We should adopt a more proportionate system by simply raising the maximum threshold. We are all familiar with the scene in “Austin Powers” where Dr Evil demands a ransom of $1 million as part of his nefarious plan to take over the Earth, and everybody laughs because it is not a huge amount of money in the modern world that he has woken up in. Similarly, a fine of £20,000 does not adjust for the rate of inflation and cost of inflation—not least the increases that we are experiencing as a result of the Tories’ disastrous Brexit policies.
A fine of £20,000 is not as high as it could be, so a maximum of £500,000 is slightly more realistic in the modern world, and then the proportionality of the 5% gives the Electoral Commission that extra flexibility and additional teeth that it might need to serve as a deterrent or to take action in the event of a breach. I have no doubt that the Minister will have lots of creative reasons for rejecting the new clause, and I look forward to hearing what they are.
Kemi Badenoch
The Government do not support the new clause for several reasons. I am aware that the Committee on Standards in Public Life recommended in its “Regulating Election Finance” report that the Electoral Commission’s fining powers should be increased to 4% of a campaign’s total spend, or £500,000—whichever is higher. The new clause closely mirrors that proposal.
The Government’s view is that the commission already has adequate powers to impose civil sanctions on political parties and non-party campaigners of up to £20,000 per offence. The new clause would increase that to £500,000 per offence. We should remember that criminal matters can be and are referred to the police, and in certain cases are taken to criminal prosecution. The courts have the power to levy unlimited fines for some offences and custodial sentences.
As set out in the Government’s response to the Committee on Standards in Public Life report, any extension of the commission’s fining powers would need to be considered carefully to assess their necessity and proportionality, because it is vital that they are an effective deterrent but do not cause a chilling effect on electoral participation and campaigning. Any direct comparisons with fines that can be issued by the Information Commissioner’s Office should note the clear difference between the two regulators and the types of entities that they regulate.
I sympathise with the example that the hon. Member for Glasgow North gave about the Liberal Democrats, but the truth is that political parties are not global corporations. There are over 350 currently registered with the Electoral Commission, many of which are predominantly made up of volunteers. As part of the further work of looking at the regulatory framework for elections beyond this Bill, the Government intend to look at all the recommendations in the report from the Committee on Standards in Public Life, alongside similar ones, including the forthcoming report on the commission from the Public Administration and Constitutional Affairs Committee. For these reasons, I urge the hon. Member to withdraw the new clause; or the Committee to oppose it.
Patrick Grady
Perhaps if the Minister had been willing to give a little ground, we would be willing to withdraw the new clause. However, we will test the will of the Committee by pressing it to a vote.
Question put, That the clause be read a Second time.
Elections Bill (Eleventh sitting)
Kemi Badenoch ExcerptsTuesday 26th October 2021
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 View all Elections Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 26 October 2021 - (26 Oct 2021)
The Chair
Before we begin, I have a few preliminary reminders for the Committee. I know that you have heard them before, but if you could listen, that would be helpful. Could we have social distancing, and could we have masks being worn when not speaking, please? Also, to be helpful to our wonderful Hansard colleagues, could you email any notes to hansardnotes@parliament.uk? [Interruption.] That is a reminder: please could you turn off all electronic devices? Thank you very much indeed.
We now resume line-by-line consideration of the Bill. Members who wish to press a grouped amendment to a Division should indicate that they wish to do so when speaking to it.
Clause 16
Notional expenditure: use of property etc on behalf of candidates and others
Question proposed, That the clause stand part of the Bill.
The Minister for Levelling Up Communities (Kemi Badenoch)
It is a pleasure to serve under your chairmanship, Mr Pritchard. Clause 16 makes an important clarification to our political finance rules that I hope will be welcomed by all members of this Committee. In 2018, after the Supreme Court determined that the rules on notional expenditure for candidates did not contain a test of authorisation, there were concerns among parties and campaigners that candidates could be liable to report benefits in kind that they did not know about, but could be seen to have benefited from. On Second Reading, we heard about the direct impact that unclear rules about notional expenditure has had on colleagues, and we must prevent the unwelcome consequences that this confusion may have on participation, such as stopping people from volunteering to be agents due to their fear of falling foul of the law through no fault of their own.
That is why we are making it clear that candidates only need to report as notional expenditure benefits in kind—property, goods, services and facilities that are given to the candidate at a discount, or for free—that they have used themselves, or which they or their agent have authorised, directed or encouraged someone else to use on the candidate’s behalf. That is what was already widely understood to be true prior to the court case. We have sought input from the Parliamentary Parties Panel on these measures, and are confident that they will bring important clarity to the rules and support compliance.
In this clause, we are also making an equivalent amendment to the rules for other types of campaigners, such as political parties and third-party campaigners, to ensure consistency. Expenditure that promotes an individual candidature would continue to count towards a candidate’s own spending limit, and expenditure that is joint between a party and a candidate will continue to be apportioned appropriately, a practice which all parties have long engaged in. Together, these changes will bring much-needed reassurances and clarity to candidates and their agents on the rules that apply to notional expenditure. They will support compliance with the rules and ensure that those wishing to participate in public life can feel safe in doing so. I therefore commend the clause to the Committee.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Codes of practice on expenses
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
This clause amends existing provisions in electoral law in respect of the codes of practice that the Electoral Commission may prepare on election expenses for candidates. The clause also amends the parliamentary procedure to bring into force some of those codes of practice, so that parliamentary procedures are consistent.
Clause 17 ensures that the code of practice on candidate spending that the Electoral Commission may prepare can, and should, cover what constitutes notional expenditure and third-party spending under the Representation of the People Act 1983. We are making that change in order to put the scope of the guidance beyond doubt. It is important that the guidance is comprehensive, so that it can address concerns about notional expenditure that have been raised across the political spectrum. At present, the legislation implementing the various codes of practice on candidate spending is difficult to understand, and different codes are subject to different procedures.
Currently, the codes of practice on spending for both candidates and parties and campaigners are laid before both Houses in draft form, and are subject to parliamentary scrutiny for up to 40 days. It is right that Parliament is able to scrutinise those codes before giving them final approval, so this will not change. We are amending the provisions for the candidate code in the 1983 Act simply to specify that the order that brings this code of practice into force is a statutory instrument. This is a minor amendment to an existing power and simply remedies the fact that the legislation does not specify that at present. Like the other codes, the candidate code will still be subject to parliamentary scrutiny for up to 40 days. We are not changing that.
We are also amending the Political Parties, Elections and Referendums Act 2000 so that the order bringing the code of practice for political parties into force is subject to no parliamentary procedure, rather than being subject to the negative resolution procedure. That is in line with other commencement orders and with the procedure followed for other codes of practice prepared by the Electoral Commission. This follows the initial 40 days of parliamentary scrutiny when the code is laid in draft, and that will not change. As I explained, these changes will ensure that the procedure for all the codes of practice are consistent and clearer, while ensuring that Parliament remains able to duly scrutinise them and give them final approval.
None of the codes has been put forward to Parliament to date and, given that the Elections Bill is changing the law on notional expenditure, the draft codes previously developed by the Electoral Commission will need to be updated to reflect the changes in the law. We would expect the Electoral Commission to consult political parties and others in future on any new codes of practice.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Authorised persons not required to pay expenses through election agent
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Section 75 of the Representation of the People Act 1983 prohibits any third party spending above a certain amount on candidates without the written authorisation of the election agent. However, the current rules also provide that any authorised spending incurred by the third party must be paid for by the election agent. That is not logical, which is why we are amending the rules so that any authorised spending under section 75 can be both incurred and paid for by the authorised third party.
The measure does not change the existing rules around submitting spending returns, as any authorised spending should still be reported by both the third party and the candidate. This change will make the process of paying for that authorised spending more straightforward.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clause 19
Declaration of assets and liabilities to be provided on application for registration
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 19 amends section 28 of the Political Parties, Elections and Referendums Act 2000 to bring forward transparency about political parties’ assets and liabilities to an earlier stage. There is already a requirement for political parties to maintain a record of assets and liabilities in their annual accounting records. However, that information may not be available until up to a year after a party registers and can therefore be after an election that the party has contested.
Parties with assets or liabilities that do not exceed the £500 threshold will be required to make a declaration confirming that fact. Parties with assets or liabilities in excess of £500 will be required to produce a record of those assets and liabilities to accompany their declaration. That will be incorporated into the registration process with the commission and into the register maintained and published by the commission. Parties with assets and liabilities of above £500 will be indicated on the register of parties.
This is a good step forward as it will allow earlier public scrutiny of parties’ finances and ensure public confidence in the transparency of all political parties’ financial positions.
Question put and agreed to.
Clause 19 accordingly ordered to stand part of the Bill.
Clause 20
Prohibition on entities being registered political parties and recognised third parties at same time
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 20 prohibits groups and individuals from having access to multiple spending limits at an election. Spending limits exist to ensure a level playing field, and any opportunities to unfairly expand them should be removed. During the 2019 UK parliamentary general election, one group claimed that it could do exactly that by registering as both a political party and a third party campaigner. That showed the potential for the current rules to be abused and spending limits expanded.
If we do not close down the loophole, it may be exploited further in future. This change will prohibit recognised third party campaigners from registering as political parties and gaining access to a spending limit for each registration. That will serve to protect the integrity of the existing spending limits.
To ensure that there can be no doubt, the list of individuals and entities permitted to be on the third party campaigner register will also be amended to remove political parties. As groups may already appear on both registers when the provision comes into force, clause 21 will ensure that any group that spends in a third party capacity during a regulated period will not be able also to spend as a political party. That means that any group appearing on both registers when these provisions are commenced will have to choose whether it wants to spend as a political party or a third party campaigner during any subsequent regulated period.
Finally, clause 20 also makes consequential amendments to the rules on donations, spending and reporting for recognised third party campaigners, where they currently refer to the specific requirements for political parties, which take into account their existing financial controls as a party. Altogether, these changes will ensure that groups cannot use the rules to their advantage to expand their spending limits unfairly.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21 ordered to stand part of the Bill.
Clause 22
Restriction on which third parties may incur controlled expenditure
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 22 restricts all third party campaigner spending during a regulated period to entities eligible to register with the Electoral Commission, as listed in section 88 of the Political Parties, Elections and Referendums Act 2000, and to overseas unincorporated associations with the requisite UK connection.
Currently, foreign third party campaigners can legitimately spend on UK elections underneath the recognised third party campaigner registration thresholds, which are £20,000 during a regulated period in England, and £10,000 in Scotland, Wales and Northern Ireland. This activity becomes illegal only once the thresholds are passed. It is important that only those with a legitimate and fair interest in UK elections are able to influence the electorate.
Clause 22 will remove the scope for any legal spending by foreign third party campaigners underneath the registration threshold but above a £700 de minimis. The inclusion of such a de minimis provision will balance the desire to prohibit spending by foreign entities without criminalising low level, potentially unintentional breaches below £700, which are unlikely to adversely impact an election.
It is worth noting that only individual overseas electors are permitted to register as third party campaigners with the Electoral Commission. In order to support overseas electors, who are important participants in our democracy, to work together, the clause will permit them to form unincorporated associations to campaign if they spend below the new lower tier registration threshold of £10,000, set out in clause 24. That is in line with the current situation, and it is only right that such electors should be able to spend in UK elections as they can now. Under our proposals, unincorporated associations will meet the “requisite UK connection” requirement to incur spending in UK elections only if they are composed solely of registered overseas electors.
To conclude, these provisions make necessary and proportionate changes to ensure that spending at UK elections is only permitted, above a £700 de minimis, for those with a legitimate interest in UK elections. They help reduce the risk of illegitimate foreign influence in UK elections.
Question put and agreed to.
Clause 22 accordingly ordered to stand part of the Bill.
Clause 23
Third parties capable of giving notification for purposes of Part 6 of PPERA
Fleur Anderson (Putney) (Lab)
I beg to move amendment 71, in clause 23, page 33, leave out lines 6 to 10.
This amendment would leave out the powers for ministers to remove categories of permitted campaigner while leaving in place their power to add new categories of campaigner.
Kemi Badenoch
Clause 23 builds directly on the requirements put in place by clause 22. As I have mentioned, the aim of clause 22 is to remove the scope for foreign entities to spend above a £700 de minimis amount during the regulated period running up to an election by restricting all third party campaigner spending at that time to spending by entities that are eligible to register with the Electoral Commission, as in section 88 of PPERA.
However, we are conscious that legitimate categories of third party that are not on the list of categories of campaigners may emerge in future, and clause 22 would significantly restrict their ability to campaign if they could not be added to the list quickly. For that reason, clause 23 makes provision for the amendment of the list of eligible categories of third party campaigners in PPERA. It will allow the Government to add to, remove items from, or otherwise amend the list of categories of third party campaigners as necessary. Any such changes will be subject to parliamentary scrutiny via the affirmative procedure. These provisions will ensure that we can be responsive to the emergence of new groups, and that eligible categories of third party are not unduly restricted from campaigning and participating in our democracy in future. I therefore urge the Committee to allow the clause to stand part of the Bill.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Clause 24
Recognised third parties: changes to existing limits etc
Fleur Anderson
I beg to move amendment 76, in clause 24, page 33, line 23, at end insert—
“(5C) Registered charities and Community Interest Companies may act as a recognised third party subject to the lower-tier expenditure limits without the requirement to give the Electoral Commission notification under section 88 of PPERA.”
This amendment would exempt registered charities and Community Interest Companies from the notification and registration requirements of Clause 24, which introduces a new lower tier registration for third party campaigners who spend more than £10,000 on controlled expenditure anywhere in the UK.
Brendan O’Hara
It is a pleasure to follow my hon. Friend, who is absolutely right, though I admire his endless optimism that the chances are middling to none. He is far more optimistic than me that the Government will ever move an inch. That does not mean that the arguments cannot be made. Indeed, there is every reason for the arguments to be made.
At general elections, every single one of us has been made to think, question and commit one way or another to an idea coming from a third party or campaigning organisation. That is exactly how it should be in a democracy. When we put ourselves forward for election, people have a right to know where we stand on the big issues of the day—whether that is homelessness, third-world debt or support for those suffering domestic violence—and where better to do that, for a charity or third party organisation, than a general election? People are not asking us just as individuals; they are asking all those who put themselves forward for election in this country where they stand, because our public have an absolute right to know that.
The real question is about the motivation of the Government in introducing the measure in the first place. Campaigning is a core function of many organisations. It allows them to highlight areas of concern and contribute to the wider public discourse, from a position of authority and experience, from which every one of us benefits. We have all heard from numerous third party organisations of their concerns, but these measures will make an already complicated area even more confusing and burdensome for those issue-based campaigning organisations. They face new rules that may see them inadvertently fall foul of legislation and, as a result, step a long way back from their activity. They will shrink back from that public debate, which can only harm our democracy. That will dampen public debate, and the voice of those marginalised groups they represent will be further diminished.
Organisations will quite rightly engage in campaigning 12 months prior to a general election, but the vast majority of that campaigning will not be focused on that general election. Those organisations campaign every day of the year, every year of a decade. That is what they are there to do; they are there to inform and to advocate.
What is really troubling here is the purpose test and whether it can be passed. It is confusing. The legislation says that the purpose test can be passed if it
“can reasonably be regarded as intended to influence voters to vote for or against political parties or categories of candidates, including political parties or categories of candidates who support or do not support particular policies”.
That is all well and good, but the confusion arises because that is not the intention of the charity of a third sector organisation. The interpretation comes from someone else, and it is their perception of what counts as political campaigning. Even if the charity is clear that that is not its intention, it could be decreed by someone else that it is. The result is that the charities will shrink from those areas of concern—homelessness, domestic abuse—for fear of falling foul of the legislation. Many of us on this side of the Committee think that that was probably the Government’s intention from the start.
Kemi Badenoch
Amendments 76 and 90 would exempt from the transparency requirements provided by the lower tier of expenditure registered charities, charities exempt from registering with the Charities Commission, and community interest companies spending more than £10,000 across the UK but less than the existing notification thresholds. Amendment 77 would allow those groups to forgo the usual notification process for the lower tier and instead provide only their charity or company number.
The Government are clear that any group spending significant amounts in UK elections should be subject to scrutiny. That is essential to ensure transparency for voters and to maintain the level playing field for all participants in elections. It is therefore right that all types of third party campaigner should be subject to the same sets of rules where they are trying to influence the electorate. The amendments would undermine those principles, and the Government cannot accept them.
Additionally, third party campaigner regulations do, and should, focus on the purpose of campaigning activities conducted by all organisations, not just specific types of organisation. Charities and CICs can always choose to spend less than £10,000 in the period before an election if they do not want to register with the Electoral Commission.
Patrick Grady
Given the repeal of the Fixed-term Parliaments Act 2011, how will charities know when it is 12 months before a general election?
Kemi Badenoch
I will come to that point in a moment. Charities can choose to spend less than £10,000 in the period before an election. The clause is drafted so as to increase transparency by requiring third party campaigners to register at a lower level of spend than is currently the case, while also ensuring that the regulatory requirements on such third party campaigners is proportionate to their campaign spend.
Digital technology has significantly reduced the cost of campaigning, and it is important that the lower tier of expenditure reflects that reality. Those third parties subject to the lower-tier expenditure limits will be subject only to minimal registration requirements and will not be subject to reporting or donations controls. That increased transparency is intended to reassure the electorate and to continue to uphold transparency as a key principle of UK elections. No group should be exempt from that. In fact, having third party spending limits is essential to prevent the influence of American style “super political action committee” pressure groups in UK elections.
The notification requirement for third party campaigners involves the provision of important information, which the Electoral Commission uses to ensure that campaigners are eligible and to provide information about those campaigners to the public. While amendment 77 would still require third party campaigners to notify the Electoral Commission, it would allow them to provide only their registration numbers with the Charity Commission or Companies House, instead of providing the usual information, which would undermine the intended transparency.
Let me address some of the questions raised by Opposition Members before I continue on clause 24. I am not clear about what the hon. Member for Putney was referring to when she talked about the impact on the lobbying Act; if I am not answering her question here, I am happy to write to her with more information. The report on the 2014 lobbying Act from Lord Hodgson of Astley Abbotts said that as one of the fundamental purposes of electoral law
“is to maintain public trust and confidence in the integrity of the electoral system, it must be right that any regulation should apply to all such participants, regardless of their size or status.”
That shows that, even as the lobbying Act was being created and reported on, those considerations were taken into account.
Brendan O’Hara
Indeed, or a Back-Bench MP—how will they know when they are in that 12-month period before a general election?
Kemi Badenoch
The fact is that we all have a fairly good idea of when an election will be. Although snap elections can be called, the fact is that everybody will be in the same situation.
Kemi Badenoch
I am not giving way again on that point. Third party campaigning groups will not have any special intelligence. People will need to take that into account when they are campaigning politically. People seeking to influence the electorate should all be subject to the same laws.
The debate is not about whether charities are nice groups or nice individuals, which is 50% of the argument made by SNP Members. To be perfectly honest, it sounds like Opposition Members want charities to make their political arguments for them, because they think they are more acceptable.
Kemi Badenoch
I am no longer giving way on that point.
That is not how we want to regulate our politics or our electorate. Charities should make points on their own—not in the way that SNP Members are saying, as if there are other political reasons that would be helpful to them, rather than the Government. They accuse us of playing politics, but it sounds to me as though they are the ones doing that.
Nick Smith (Blaenau Gwent) (Lab)
In 2017, the Prime Minister called a snap general election. What would the Minister say to charities who find themselves in a similar situation after the Bill is passed?
Kemi Badenoch
I would say that all third party campaigning organisations need to be mindful of their spending. I believe that snap elections are a rarity, given what happened in 2017. They do not happen very often.
Kemi Badenoch
Yes, but the fact is they are not very common. Every single one of us in this room is in the same situation. I was elected in 2017. I did not know that a snap election was going to be called. I am afraid that what Opposition Members are asking for is the Fixed-term Parliaments Act 2011, which is not within the scope of what we are discussing. Debates on the clause are not the place to discuss certainty around election time, if that is what Opposition Members want. The clause is about regulating political finance transparency.
The fundamental point made by Opposition Members is that clause 24 creates an undue administrative burden for charities and community interest companies, but it does not do that. They can easily supply the relevant information.
Kemi Badenoch
The hon. Lady knows that I cannot answer any questions about when elections are forthcoming. That does not change the premise of our argument. I do not know; she does not know; charities do not know; no third party campaigners know. The law is equal for everybody. I am afraid we simply do not accept the argument that there should be special rules and exemptions for particular groups.
Charities can supply the relevant information, and the amendment would increase the administrative burden for the Electoral Commission—a point it has made several times—and not allow it to obtain all the necessary information covered in the notification requirements. Under the amendment, charities and community interest companies would not have to provide the name of a responsible person. That information cannot be obtained through Companies House or the Charity Commission because it is specific to electoral law.
It is important to identify a person who will be responsible for ensuring compliance with electoral law. Naming a responsible person also acts to protect third parties from being liable for expenditure that has not been authorised by that person. Allowing charities and community interest companies to be exempt from that requirement would risk their duty of compliance and protection falling away, which would not be right. In the light of the reasons I have given, and the minimal burden on charities that the measures will generate, we oppose the amendment.
Brendan O’Hara
I have a question for the Minister, which I think is a perfectly reasonable and fair question to ask on behalf of charities. How do they know right now that they are not 12 months out from a general election? How do they know where their spending is in relation to the next general election, and that they have not already exceeded the threshold? The question is whether she thinks it is fair for charities inadvertently to fall foul of the legislation, with their having absolutely no way of knowing where they stand because the Government have changed the rules around about them. Will she address the basic issue of fairness to our charities?
Question put, That the amendment be made.
Kemi Badenoch
Third party campaigners must currently register with the Electoral Commission before they spend £20,000 in England and £10,000 in any of Scotland, Wales or Northern Ireland for controlled spending during a regulated period before an election. Groups that spend below those thresholds could be spending substantial amounts of money on campaigns, but they are not regulated. Clause 24 addresses that issue, and introduces registration for third party campaigners at a lower level of spend than is currently the case.
Third parties spending in excess of £10,000 on controlled expenditure during a regulated period across or in any constituent part of the UK, but below the existing per-country thresholds for registration, will be required to register with the Electoral Commission. That will not replace the existing registration thresholds, which will stay in place. Therefore, if a third party campaigner spends more than £20,000 in England or £10,000 in Scotland, Wales or Northern Ireland, they will still be required to notify the commission as they currently do. That will be for all groups, as we said in the debate on the amendments. No exceptions will be made for any special category of campaigner; they will all be subject to the same rules.
In addition, all the measures apply only to qualifying expenditure that can reasonably be regarded as intended to promote or procure electoral success at any relevant election. I want to be clear that they do not apply to wider non-electoral campaigning that groups may undertake.
As I mentioned, third parties registered in the lower tier will be subject to minimal regulation upon registration—for example, ensuring that they are UK based or otherwise eligible to register with the Electoral Commission. Again, such entities will not be subject to some of the other political finance controls in legislation around reporting on donations and controlled expenditure, nor will they be subject to the internal reporting and recording requirements.
We must recognise that digital campaigning has significantly altered the campaigning landscape by making it easier to spend less on campaigns and to spend more widely across the whole UK. Introducing registration at a lower level of spend reflects that reality and will help to increase transparency for the public with regulation proportional to the level of spend.
Patrick Grady
The Minister said in her previous speech that the measure was partly intended to avoid a situation arising comparable to the US super-PACs that spend millions of dollars with very little regulation. It is impossible under current UK electoral law for a situation anything like that to arise in this country. The notion that small local charities that want to lobby their local candidates to stop the closure of a swimming pool, a school or a library are somehow comparable to the dark money seen in other parts of the world, which has been reported as potentially having an increasing impact in this part of the world, is completely extreme.
It is not impossible that there will be a general election in February 2022, because as the Minister has admitted, the Prime Minister will have that option when the Fixed-term Parliaments Act 2011 is finally repealed. As soon as that happens, the next election campaign will effectively start, which is delightful for all of us because of the rare snap elections that we have experienced twice in the last three years.
Under the terms of the clause, if an election came that early it might be the case that some organisations would have already reached the threshold without knowing it, not least because they are in the process of holding us to account for pledges that we made in 2019 that they have not had much opportunity to lobby on. Organisations that are organising a big lobby day—there are several coming up—that involve a lot of logistics such as the hire of the hall and the transportation of people, and that are related to pledges that Members may have made at a general election and therefore could reach the threshold, may find that they are already in breach without knowing it.
It is an awkward clause that relates to the overall package of reform that the Government are bringing in through the Bills that we have mentioned throughout the progress of this Bill, including the repeal of the 2011 Act, the Police, Crime, Sentencing and Courts Bill, and the other aspects of electoral and political law that are being amended. The Minister is falling back on the idea that it affects everyone, but that does not really answer that point. In a sense, it does affect all of us and we may already be in the run-up to a general election campaign but we just do not know because of the power grab that is being exercised by the Conservative Government, of which this clause is another example.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Clause 25
Joint campaigning by registered parties and third parties
Kemi Badenoch
Third party campaigners are subject to limits on their controlled expenditure in the periods leading up to parliamentary elections in the UK, including devolved elections. The time during which those spending limits apply are known as regulated periods and are 12 months long for UK parliamentary elections and four months long for the relevant parliamentary elections in Scotland, Wales and Northern Ireland. Regulated periods can be longer where they overlap. It is right that any campaign that could influence the electorate at an election should be regulated and subject to a spending limit. While significant amounts of spending might take place following the announcement of a poll, elections are often known, rumoured or expected to take place long before the poll date is announced and a Parliament is dissolved, which is the point that we are debating.
Brendan O’Hara
Can the Minister explain how the House can legislate on the basis of a rumour of when a general election might be? How is that any way to run a country?
Kemi Badenoch
That is not what we are legislating on; that is a statement of fact. Just as with every intervention the hon. Gentleman has made, it is a point we all acknowledge that while elections are at expected times, they can happen at different times: earlier or there may be snap elections, though rare. That does not change the fundamental point under discussion.
Opposition Members seem to be annoyed that there is a regulated spending period at all. I am afraid that that is not going to change. Campaigning and political activity, which can occur up to 12 months or more in advance of an election, may have a significant influence on its outcome. Having a short regulated period, as proposed by the amendment, would mean that spending, which does influence the electorate, is likely to fall away from being regulated and reported. That fatally undermines the principle of transparency and spending limits.
Cat Smith
On the point about transparency, does the Minister not recognise that the Government are not being transparent with charities or third party campaigners? How are they ever meant to know when the regulated spend period is kicking in when we do not have scheduled, regular general elections for the UK Parliament because of legislation we already passed a couple of months ago? Does the Minister agree that we are asking charities, which are blindfolded, to make decisions with no idea when an election will take place? The amendment is the only way we can treat all third party campaigners fairly and give them any sense of transparency. Can the Minister see that the Government are a little inconsistent on the point about transparency?
Kemi Badenoch
I do not think so at all. In the previous clause, we made the situation equal for everybody. The Opposition are talking as if there is a secret conspiracy where everybody knows, other than them, when an election is going to be called. We are applying the law equally to everybody. That is right and I am happy to continue making the argument.
Kemi Badenoch
I have already given way multiple times and we need to proceed. There are other more important reasons why the amendment simply cannot pass.
Under the terms of the amendment, third party campaigners would be able to incur spending beyond their current limit, prior to the poll being officially set, and still be able to influence the electorate. That would give a potential advantage to those with access to greater funds, and thus also undermine the fundamental democratic principle that there should be a level playing field for all those taking part in elections. That would apply to all third party campaigners, whether on the Government’s side or the Opposition’s. That is the fairness about which the hon. Lady is talking. In addition, donations of third party campaigners are regulated only where they are used for controlled expenditure during a regulated period. That ensures that donations that are spent to influence the electorate in the period before an election come from permissible sources and are fully transparent. This is a regulated period amendment and we are not talking about charities.
A shorter regulated period would allow third party campaigners to accept and spend donations from potentially impermissible sources in the run-up to an election, and do so without being subject to transparency controls, as long as those donations were spent before the regulated period began. That risks unchecked money being used to influence the outcome of an election.
Kemi Badenoch
I have answered that question already.
The amendment, as drafted, does not achieve the aims set out in the accompanying explanatory memorandum. Although the memorandum suggests that the amendment would limit
“regulated periods for UK Parliamentary General Elections to the period between the announcement of the election and the close of polls”,
that is not correct. It makes changes to section 85 of the Political Parties, Elections and Referendums Act 2000, which provides a definition for what constitutes controlled expenditure, namely spending incurred by third party campaigners at relevant elections, not just UK parliamentary elections, which can be regulated. The amendment does not amend the length of the regulated period, but rather creates an additional time period over which controlled expenditure is regulated. That would cause confusion to third parties as to which time applies.
The amendment would also create disparity between the rules for third party campaigners and the controls on political parties, which would still have a twelve-month regulated period, known as the relevant period. The proposed change would therefore also have the effect of making regulated periods for UK parliamentary elections significantly shorter than those for the devolved Parliaments, whose regulated periods would remain at four months. The amendment therefore should not stand because it would undermine the principles of controls and transparency that are placed on election funding and spending, and it would create confusion and disparity.
Question put, That the amendment be made.
Kemi Badenoch
As I have already set out, spending limits are an integral part of the political finance framework. They ensure a level of fairness between parties and campaigners. Controls are already in place on the integrity of spending limits—for example, in the case of targeted spending where a cap is placed on third party spending to promote one political party, and joint campaigning, which applies where third party campaigners work together and must all report costs. It is right that where groups work together on a campaign the spending should be accounted for by anyone involved in it, otherwise groups could unfairly attempt to make use of multiple spending limits. Therefore, we are extending the principle of joint campaigning to cover scenarios where political parties and third party campaigners are actively working together on a campaign. That is very different from targeted spending, where a third party targets a political party with their spending, but they do not actually work together on a campaign. It will simply mean that where a political party and third party campaigner are incurring spending and actively campaigning together, the relevant spending for that joint campaign should be accounted for by all groups involved in the spending. That will help to ensure that campaigners are playing by the rules and make it much easier to know who was involved in such campaigns. Of course, it will not stop groups spending separately outside the joint plan in their capacity as an individually recognised third party or political party. Any regulated spending that is undertaken by an individual group and is not part of a joint campaign will need to be reported only by the group incurring the spend.
Furthermore, to create parity with the current rules on joint campaigning between third party campaigners, the requirement to specifically identify relevant spending and spending returns will also be applied to the existing rules on joint campaigning between more than one third party campaigner. It is absolutely right that the rules on transparency of joint campaigning should be as similar as possible across all types of campaigners, to ensure fairness and support compliance. Therefore, I urge that the clause stand part of the Bill.
Fleur Anderson
We oppose part 4 in its entirety. The Minister makes it sound very easy. Parties campaign together and write a joint plan. If they have been a part of it, they declare all the expenses. In practice, that involves a huge amount of red tape and burden, and it is absolutely disproportionate to the effect that the Government are trying to achieve with the Bill—transparency, integrity and freeing up our elections so that everyone can take part and we all know what is happening. There should absolutely be transparency, but there should not be an overly bureaucratic system that will actually suppress freedom of speech.
The clause is a deliberate attempt to silence the trade unions in particular, which is what I will focus on. It is all about the Conservatives rigging democracy in their favour, because they know full well that the clause will silence Labour-affiliated trade unions. It is totally out of step with what we see globally. Only four of the 57 member states of the Organisation for Security and Co-operation in Europe—the UK, the Czech Republic, Ireland and Slovakia—require third parties to register campaigning activity at election time. Clause 25 would change the joint campaign rules so that organisations campaigning jointly with political parties are collectively liable for the total campaign expenditure of all organisations. No matter what small part or supporting role an organisation might play, it has to declare the full total amount, which will take up all of its campaigning allowance. That will include the political party.
The 2021 report “Regulating Election Finance” by the Committee on Standards in Public Life says:
“When considering calls for greater regulation of non-party campaigning it is important to be mindful of the role of non-party campaigning in the broader ecosystem of democracy and pre-election debate. As the Committee made clear when it first concluded that spending limits for non-party campaigners would be necessary, there is nothing wrong with individuals and organisations sending out explicitly political messages in advance of and during election campaign—‘On the contrary, a free society demands that they should be able to do so, indeed that they should be encouraged to do so.’ The right to campaign is also protected by law through the right to freedom of expression. This should act as a check on ensuring that regulation strikes the right balance.”
We contest that the Bill does not strike the right balance. Who can think of a political party that has strong historical links with external organisations working together—maybe around election time, and maybe for workers’ rights across the whole country—and traditionally campaigning together as a movement for change? That’s right: it is the trade unions. I hope that the Minister has talked to the trade unions about the Bill and understood the impact that it will have on trade union activity in all our constituencies, as well as across the country.
The Chair
With this it will be convenient to consider that schedule 8 be the Eighth schedule to the Bill.
Kemi Badenoch
Clause 26 creates a new disqualification order for offenders who intimidate those who contribute to our public life. Political intimidation and abuse have no place in our society; they risk reducing political participation and corroding our democracy. To tackle the problem, the Committee on Standards in Public Life suggested that it would be appropriate to have specific electoral sanctions that reflect the threat posed by the intimidation of candidates and their supporters.
Based on the protecting the debate consultation, the Government committed to applying electoral sanctions to existing offences of intimidatory behaviour. That is precisely what the new disqualification order achieves. It is a five-year ban on standing for, holding, and being elected to public office. It can be imposed on those convicted of intimidating a candidate, elected office holder or campaigner. After all, it is simply not right that those who try to damage political participation through intimidation are allowed to participate in the very same process that they tried to undermine.
The disqualification order can be applied to a wide range of intimidatory criminal offences such as, but not limited to, stalking, harassment, common assault and threats to kill. For the disqualification order to be imposed, the intimidatory offence must be aggravated by hostility related to, for example, a candidate. That ensures that the disqualification is imposed only in instances where political participation is genuinely at risk.
The court that determines conviction for the intimidatory offence will also impose the disqualification order. Where the court is satisfied that the offence is aggravated by hostility, then it must impose the disqualification order, except where the court considers that there are particular circumstances that would make it unjust to do so. This sentencing model strikes the right balance between ensuring a sufficient deterrent against political intimidation, while maintaining the crucial role of the judiciary in determining the most appropriate penalty commensurate with the seriousness of the individual offence and in light of the specific circumstances of the offender.
The clause also gives effect to schedule 8, which lists the offences that, when committed by an offender with the necessary hostility, can trigger the imposition of a five-year disqualification order. There is no single offence of intimidation in criminal law, so the schedule lists a wide range of offences of an intimidatory nature in respect of which the new disqualification order can be imposed.
The list is based on a core list of offences suggested by the Committee on Standards in Public Life, such as common assault, harassment, stalking or sending communications with intent to cause distress and anxiety. Following public consultation, and engagement with key stakeholders such as the Crown Prosecution Service and the Electoral Commission, we have broadened the list to include four intimidatory offences.
It is important to cast our net widely in selecting intimidatory offences for the schedule; that will help to avoid a situation where a person commits an offence against a candidate with the clear intention of intimidating them but, because the offence is not included in the schedule, the new disqualification order cannot apply. That is why the clause should stand part of the Bill.
The Chair
I have agreed that the hon. Member for Lancaster and Fleetwood can make her remarks while seated.
Cat Smith
Thank you, Mr Pritchard. I welcome not just clause 26, but the whole of part 5 of the legislation. As shadow democracy Minister, I have had the unfortunate pleasure of having to take part in many debates about intimidation of candidates; I am sure all Members will be aware of some of the accounts.
We know that many of our colleagues are intimidated, and many candidates of our party have experienced intimidation and threats. It is devastating that we should be debating this clause so soon after the murder of our colleague, Sir David Amess, who was on the Panel of Chairs and chaired many debates on issues like this. I must be honest: I did not expect when I stood for election in 2015 that I would lose two colleagues to murder in such a short space of time. An attack on an MP, and an attack on a candidate, is an attack on democracy. The Opposition therefore welcome part 5 of the Bill.
I am making remarks about clauses 26 to 34 so that I do not have to bother for future clauses. My only concern is that some of the legislation does not go far enough. Many of the people who might go on to intimidate candidates, agents or campaigners might not be put off by the idea of not being able to stand for elected office for five years, because many of the people who commit these crimes are not interested in participating in our democratic processes—they are, in fact, opposed to the democratic process in its entirety.
As the Minister finds her feet in this new role, I would be very happy to open a dialogue with her to explore ways in which there might be a consensus across the House to ensure that our democracy, which we all take part in and support, can be strengthened so that we do not see the acts of violence and intimidation that we have seen in recent years deter good people from entering public life.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Schedule 8 agreed to.
Clause 27
Vacation of office etc
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
While those in public life are often the targets of intimidation and abuse, I regret to say that they can also be the perpetrators of intimidation and abuse. For example, it is possible that an MP or a local authority mayor or councillor will be sanctioned by the new intimidation disqualification order. They will be treated no differently from anybody else and will be disqualified from holding elected office.
The clause sets out the process by which the office holder’s office is vacated; this is no more than three months after the officeholder receives the intimidation disqualification order. During the period prior to the office being vacated, the officeholder is suspended from performing the functions of their office. However, if the officeholder makes a successful appeal against their conviction or sentence before that three-month period ends, the office is not vacated and consequently they can resume their office.
The process strikes the correct balance between, on the one hand, the right of an offender to appeal and, on the other, the smooth vacation of office and a swift resolution. A swift resolution provides certainty for electors and ensures that there is an office holder in place who can discharge the responsibilities of that office. This is also consistent with the existing process for vacating office outlined in the Representation of the People Act 1983.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clause 28
Candidates etc
Kemi Badenoch
The new disqualification order will be applied only when intimidatory offences are motivated by hostility towards certain groups of people. This clause defines the first group that requires this additional protection from abuse and intimidation. Candidates at any election, including candidates named on lists, will be protected by the new disqualification order. Future candidates—people whose intention to stand as a candidate has been declared, but whose formal candidacy has not yet begun—are also included in this clause. Substitutes and nominees who are expected to fill vacancies in Northern Ireland will also be protected by the new disqualification order. Candidates, future candidates, substitutes and nominees all play a vital role in participating in our democracy and standing for election. That is why they deserve the additional protection from intimidation provided by the new disqualification order, and it is why I commend this clause to the Committee.
Question put and agreed to.
Clause 28 accordingly ordered to stand part of the Bill.
Clause 29
Holders of relevant elective offices
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 29 builds on the previous clause and sets out another group of people whom the new disqualification order will protect: holders of elected office, such as—but not limited to—MPs, councillors and mayors. Given the high-profile nature of their roles, elected officeholders are sadly all too often the targets of intimidatory, threatening, or abusive words or behaviour. We cannot allow intimidation to force those public servants to stand down from their offices or not stand for re-election. Banning those convicted of an intimidatory offence from standing for election and potentially standing against the very same people they abused is an important step. That is why I commend this clause to the Committee.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30
Campaigners
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The previous two clauses extended the protection of the new disqualification order to, broadly, candidates and elected officeholders. However, we must not stop there. Campaigners, from grassroots volunteers through to party employees, play a vital role in our democratic process, and the intimidation and abuse to which they are subject is abhorrent. Therefore, an intimidatory offence that is motivated by hostility towards campaigners can also trigger the new disqualification order.
Unlike candidates, there is no single definition of a campaigner. For the purpose of this clause, we have used a reasonably broad definition that includes individuals who are a recognised third party campaigner, an accredited campaigner for a recall petition or a permitted participant in a referendum, or who are involved in the management of a local referendum campaign. Individuals who are employed or engaged by the aforementioned people to carry out campaigning activities are also considered campaigners. This definition includes campaigners who undertake relevant campaigning activities at any time of year, not only during a specific election period, to reflect the fact that campaigning—particularly online campaigning—takes place outside of formal election periods. Unfortunately, intimidation and abuse also affects campaigners at any time of year, not only during election periods.
Anybody can potentially be a campaigner, including volunteers, and the disqualification order must protect campaigners from intimidation in the same way as it protects MPs. For that reason, I commend this clause to the Committee.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Clause 31
Election etc of a person to the House of Commons who is subject to a disqualification order
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The new disqualification order, which we have already debated, disqualifies offenders from being elected to various offices. This clause ensures that this disqualification applies to the House of Commons. It specifies that if an offender who is subject to an intimidation disqualification order is elected to the House of Commons, their election will be void. Other relevant elected offices already have provisions that state that an election will be void because of disqualification. The House of Commons has no such provision, and we therefore need to provide specifically for that possibility.
This clause is reasonably technical in nature, but it has an important role to play in ensuring that the new intimidation disqualification order works smoothly. I therefore commend it to the Committee.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Power to amend Schedule 8
Patrick Grady
I beg to move amendment 92, in clause 32, page 44, line 12, leave out “may by” and insert
“must consult with such persons as the Minster considers appropriate before making”.
This amendment empowers the Secretary of State to consult broadly before making regulations under clause 32 to amend Schedule 8.
Patrick Grady
This relatively technical amendment is based on the written evidence and suggested amendments submitted by the Law Society of Scotland, which I am sure Committee members are familiar with and have read in detail. Schedule 8 provides the list of offences that disqualify offenders for elected office, including offences under the law in Scotland, which in a lot of these areas is determined by the devolved Scottish Parliament, so we think it is pretty simple and appropriate that the clause places a duty on Ministers to “consult with” relevant persons as appropriate before making statutory instruments.
A lot of themes that have come up in the course of our deliberations are about the need for enhanced scrutiny and consultation. Indeed, the Minister strongly defended the role of consultation—as opposed to seeking consent from the devolved Assemblies, which we are not asking for in this amendment—in a debate on a previous clause. I look forward to her saying that the amendment would be overly bureaucratic and delay the process and therefore is not necessary.
Kemi Badenoch
I thank the hon. Gentleman for his comments. If he already knows what I am going to say, and if we have had this debate multiple times, it raises the question of why he chose to table the amendment. Nevertheless, I will speak to the clause and his amendment.
The purpose of clause 32 is to future-proof the new disqualification order so that it remains relevant and can continue to apply to offences of an intimidatory nature. For example, the nature of electoral campaigning is evolving as online campaigning increases in significance, which unfortunately means that the nature of intimidation and abuse is also evolving and shifting online. It is possible that new online intimidatory offences will be created. For example, a Law Commission report in July recommended the creation of a more modern harm-based communications offence. If this proposed offence became law, we might want to make it possible for the intimidation disqualification order to be imposed in relation to that offence where the necessary hostility was established. That is why the clause enables Ministers to add, amend or remove offences from the list of intimidatory offences in schedule 8. Any statutory instrument made using this power would be subject to the affirmative procedure.
Amendment 92 would require the Secretary of State to undertake a consultation with such persons as he considers appropriate before making use of the regulation-making powers to amend the list of intimidatory offences in schedule 8. This is not necessary, as the hon. Gentleman knew I would say. The Secretary of State will be able to seek and consider the views of such persons as he considers appropriate when relevant without the need for a legal requirement to do so—this is the normal business of government. As previously stated, the clause already requires that any statutory instrument laid using these powers will be subject to parliamentary scrutiny under the affirmative resolution procedure. This will ensure that Parliament can scrutinise and decide whether to accept any proposed changes to schedule 8. The Government will therefore not accept the amendment, as we believe that it is unnecessary. To ensure that the new disqualification order evolves in the same way that intimidatory behaviour and criminal offences evolve, the clause should stand part of the Bill.
Patrick Grady
I do not think that was a massive surprise. The Minister is right to say that it is important that the legislation is future-proofed. The Scottish Parliament has a proud record—as indeed does the Senedd Cymru—of being in advance of this place sometimes in terms of the legislation it has brought forward and the kinds of behaviour it has gone on to deem a criminal offence; in fact, a recent piece of hate crime legislation might well contain examples to add to the disqualifying offences in the Bill.
In an attempt to strike a note of consensus, I will take in good faith the Minister’s commitment to monitor the development of legislation north and south of the border and that the consultations will happen. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 32 ordered to stand part of the Bill.
Clause 33
Interpretation of Part
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The clause helps to interpret and clarify two terms that are used frequently in this part of the Bill. The first is “disqualification order”, which refers to the new five-year intimidation disqualification set out in clause 26. The second is “relevant elective office”. The list of offices determines the offices that an offender subject to the new disqualification order cannot stand for, be elected to or hold. It also determines the elected office holders who are protected by the new disqualification order.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34
Minor and consequential amendments
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss that schedule 9 be the Ninth schedule to the Bill.
Kemi Badenoch
The clause gives effect to schedule 9, which contains minor and consequential amendments resulting from part 5 of the Bill.
The new intimidation disqualification order must be enforceable. Offenders who are banned from standing for election must be prevented from doing so. It is already a criminal offence, punishable by imprisonment, to provide false information on a candidate nomination form. All candidates must declare that they are not disqualified from being elected. That will be a sufficient deterrent for most offenders banned by the new disqualification order, but it is possible that some will try to stand for election regardless. That is why schedule 9 amends the rules for Northern Ireland, local and UK parliamentary elections. It provides returning officers with the power to hold a nomination paper invalid where a candidate is disqualified by virtue of the new intimidation disqualification order. Returning officers are only expected to hold nomination papers invalid where they are certain, based on information provided or otherwise available to the returning officer, that a candidate is disqualified.
Schedule 9 also makes minor changes to the process for vacating various elected offices and, by amending the Armed Forces Act 2006, allows the new disqualification order to be imposed by military courts on an offender who is subject to service law. Schedule 9 is important for the enforcement of the new disqualification order and for ensuring that the disqualification fits smoothly and consistently with all elected offices.
Question put and agreed to.
Clause 34 accordingly ordered to stand part of the Bill.
Schedule 9 agreed to.
Ordered, That further consideration be now adjourned.—(Rebecca Harris.)
Slough Borough Council
Kemi Badenoch Excerpts(4 years, 6 months ago)
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The Minister for Levelling Up Communities (Kemi Badenoch)
Our local councils play a vital frontline role in our communities and our democracy. Everyone in the House recognises what they do and the importance of making sure they are able to contribute to our levelling-up agenda. We need our councils to be able to make our towns and cities great places to live, where everyone, no matter what their circumstances, has the opportunity to thrive and can take advantage of effective and efficient service delivery. We need our councils to be able to support our most vulnerable citizens, for example through children’s services and adult social care. In doing so, we need councils to make the most of every penny they receive from hard-pressed taxpayers to secure better outcomes. This will build confidence and trust between local authorities, local councillors, and the communities they serve. That is why the situation at Slough Borough Council is of such concern.
Slough Borough Council was one of a small number of local authorities to request exceptional financial support during the covid-19 pandemic. The Government agreed in principle to this request subject to the outcome of an external assurance review. This review considered the council’s financial position and the strength of its wider governance arrangements, and provided an assessment of the council’s ability to achieve financial sustainability without further recourse to public funds.
The Chartered Institute of Public Finance and Accountancy (CIPFA) led on the financial aspects of the review. Jim Taylor, former chief executive of Salford City Council, Trafford Council and Rochdale Borough Council, led on governance. I would like to thank Jim Taylor and CIPFA for their hard work. Copies of the reports have been deposited in the Libraries of both Houses.
The reports paint a deeply concerning picture of mismanagement, of a breakdown in scrutiny and accountability, and of a dysfunctional culture at Slough Borough Council. The council’s internal controls and processes are inadequate, and the overview and scrutiny function is not equipped to operate effectively. Service delivery is hampered by ineffective core corporate functions such as IT and HR, and the residents of Slough are poorly served by the council’s struggling revenues and benefits service. The council’s contract management is weak and has resulted in rushed procurement, missed exit opportunities, and has delivered poor value for money. There is little evidence that the council understands the entirety of its commercial investments and their impact on its finances. The staffing structure lacks the capacity and capability to deliver on the challenges the council faces without external help. It is only very recently that senior members have grasped the seriousness and urgency of this situation and established it is not solely a result of financial accounting assumptions. The council cannot demonstrate a track record of making difficult decisions or of taking decisive action to bring about improvements. The reports confirm that, as indicated in the section 114 notice issued by the council earlier this year, the council’s expected requirement for additional financial support in 2021-22 has risen from £15.2 million to over £100 million.
The review shows unequivocally that Slough Borough Council has failed to comply with its best value duty of continuous improvement, as required by the Local Government Act 1999. The financial challenge is acute, and the review has concluded that the council cannot become financially self-sustaining without considerable Government support.
To quote the review:
“An authority struggling to comply with its best value duty displays the following characteristics:
an overreliance on interim officers
a lack of corporate capacity
many inadequate internal processes
signs of distrust among and between councillors and senior officers
the absence of effective scrutiny, transparency, and public consultation
insufficient capacity to achieve the change required
instances of poor-quality advice to members
a lack of understanding of how some meetings should be conducted ? In some cases, members not understanding their role
significant unknown past liabilities yet to be determined.
Slough Borough Council has been displaying these characteristics over past years until present day and has failed its best value duty despite the concerted efforts in the last few months. It is unable to resolve the difficulties on its own.”
Expressed in formal terms, the Secretary of State is satisfied that Slough Borough Council is failing to comply with its best value duty and he is considering exercising his powers of intervention to secure compliance with the duty. To that end, and in line with procedures laid down in the Local Government Act 1999, officials in my Department have today written to Slough Borough Council, asking for representations on the external assurance review and on the proposed intervention package. That letter also recognises the hard work of many of the staff at Slough Borough Council.
The proposed package is centred on the appointment of commissioners to exercise certain and limited functions as required, for a minimum of three years. The proposal is for the council—under the oversight of the commissioners—to prepare and implement an improvement plan, and report on the delivery of that plan to the commissioners every six months.
In detail, the council would be required to:
Complete, within three months, an assessment of the functional capability of all service areas to identify the gaps in capacity and capability.
Prepare and agree, within six months, action plans to the commissioners’ satisfaction to address any functional shortcomings.
Undertake any actions the commissioners require to avoid incidents of poor governance or financial mismanagement that would jeopardise the council’s ability to meet its best value duty.
Prepare and agree, within three months, a fully resourced improvement plan which should include action plans to deliver: financial sustainability; improvements in democratic services, including the audit and corporate governance functions; a scrutiny function that is fit for purpose; improvements in internal audit; properly functioning procurement and contract management functions; improvements in the council’s IT function; an officer structure and scheme of delegation which provide sufficient resources to implement the improvement plan.
It is also proposed that Slough Borough Council will:
Devise and implement a programme of cultural change to rebuild trust between officers and members within six months.
Following the review of Council companies, within six months consider the roles and case for ongoing operation of each subsidiary company—except Slough Children First.
Take steps to enable better and evidence-based decision making, including enhancing data and insight functions.
I hope and expect Slough Borough Council will take the lead on this path to improvement. Given the gravity of the review’s findings, the Secretary of State must consider what would happen if the council failed to deliver the necessary changes, at the necessary speed.
The Secretary of State is, consequently, proposing to direct the transfer to commissioners of all executive functions associated with:
The governance and scrutiny of strategic decision making by the council.
The strategic financial management of the council.
The oversight of collection of revenues and the distribution of benefits by the council.
All non-executive functions relating to the appointment and dismissal of statutory officers, and the designation of those persons as statutory officers at the council to the commissioners.
These powers are for use should the council not satisfy the commissioners in their improvement processes. I hope it will not be necessary for the commissioners to use these powers, but they must be empowered to do so if they consider the required improvement and reforms are not being delivered.
The commissioners will report to the Secretary of State at six monthly intervals on progress. They will also work closely with Trevor Doughty, the children’s services commissioner for Slough Borough Council already in place and reporting to the Secretary of State for Education.
This will ensure that the improvements that he has overseen to date through the Department for Education’s statutory intervention continue to be made, and that services for Slough’s vulnerable children and families continue to be delivered to an acceptable standard. Similarly, the commissioners will be mindful of the interests of the Secretary of State for Work and Pensions and the consultancy support available from the Department for Work and Pensions to improve the revenue and benefits service.
We are inviting representations from the council on the report and the Secretary of State’s proposals by Friday 5 November. Given the conclusion of the review that
“Improvement for Slough Borough Council will rely on stability in political leadership, and it would be advisable that the council moves towards a four yearly election cycle at the earliest opportunity”,
we are also seeking views on how best to achieve this.
We want to provide the opportunity for members and officers of the council, and any other interested parties, especially the residents of Slough, to make their views on the Secretary of State’s proposals known. Should the Secretary of State decide to intervene along the lines described here, he will make the necessary statutory directions under the 1999 Act and appoint commissioners. I will update the House in due course.
Government do not take these steps lightly and recognise and respect the role of local councils in our communities and our democracy. Slough Borough Council is a rare case of failure. Most local authorities in England have a good record of service delivery, transparency, probity, scrutiny, and accountability. It is a record worth protecting. We will take whatever steps are necessary to uphold the good name of local government and to root out practices that do it down.
Finally, I urge council leaders across the country to read these reports. I know the local government sector—officers and members—will be saddened by the news that a council is failing. I would encourage all to make sure that they are not making the same mistakes as those that are described in this review. Local people deserve better than this from their local councils.
[HCWS353]
Elections Bill (Tenth sitting)
Kemi Badenoch ExcerptsThursday 21st October 2021
(4 years, 6 months ago)
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Cat Smith (Lancaster and Fleetwood) (Lab)
Sir Edward, given that we are taking amendments 61 and 75 together, I would like to speak to the amendment that appears in my name and those of my hon. Friends.
I thought the hon. Member for Glasgow North made the case strongly, and I agree with him, although we come at it from slightly different positions. While he would like to see Scotland separate from the United Kingdom, I would very much like to see the United Kingdom strengthened and I support the Union.
On those grounds, there is a strong Unionist case for amendment 75, which is about respect for the devolved nations. When the Conservative Government continue to treat the Senedd Cymru and the Scottish Parliament with such disrespect, particularly regarding the strategy and policy document, it threatens the Union. From one Unionist to another, I implore my colleagues on the Government side of the House to look again at how deeply disrespectful the Government’s approach to the Scottish Parliament and the Welsh Senedd is.
While I disagree with the hon. Gentleman on the reasons that we have come to this view, his amendment is very good, although I think ours is slightly better on the grounds that it also includes the Senedd Cymru.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
As Opposition Members will probably have guessed, we believe that the amendments are unnecessary, for two reasons. First, the provisions for the introduction of the strategy and policy statement, as the hon. Member for Glasgow North said in his speech, already provide a mechanism that will take into account the views of Welsh and Scottish Ministers where the statement relates to the Electoral Commission’s devolved functions.
Under proposed new section 4C(2) of the Political Parties, Elections and Referendums Act 2000, Welsh and Scottish Ministers are specifically listed as statutory consultees, which means that they will be consulted before the statement is subject to the approval of the UK Parliament. It would be both impractical and unnecessarily burdensome for the UK Government to be required to put the statement to the approval of the devolved Parliaments as well. It will be for the Scottish and Welsh Governments to determine their own processes for coming to a view on whether to suggest any changes to the statement.
Secondly, and very importantly, the Committee is no doubt aware that the Welsh and Scottish Governments have already recommended that the devolved Parliaments do not grant legislative consent to this measure. This Government’s view is that a statement applying to both the reserved and devolved functions of the Commission would ensure greater consistency across the UK for the Commission and all those involved in elections. It is regrettable that that was the decision they reached. However, I am keen to continue to engage with my Scottish and Welsh counterparts to mitigate any unintended consequences, and as such I am considering what amendments we may need to make to these provisions in relation to devolved matters.
Based on those considerations, an amendment of this kind would become redundant. For those reasons, I urge the Committee to oppose the amendments.
Patrick Grady
To respond briefly to the Minister, I still think the point about consent is important. I welcome whatever reassurances she is giving, and we look forward to seeing what they turn out to be. However, the Government are proposing further amendments, which they should not have to do at this stage of the Bill’s passage. This could have been dealt with at a previous stage; they could have consulted the Scottish Government and Welsh Ministers in advance of bringing this measure forward in the first place. Purely on the basis that SNP amendment 61 covers only the Scottish Parliament, and I think we should test this for both the Scottish Parliament and the Senedd Cymru, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Kemi Badenoch
I beg to move amendment 1, in clause 12, page 23, line 13, leave out—
“and (3) (consultation requirements) do”
and insert
“(consultation requirements) does”.
This amendment makes it clear that only the consultation requirements under new section 4C(2) of the Political Parties, Elections and Referendums Act 2000 may be disapplied under new section 4E(4) (and not the requirement to lay a draft strategy and policy statement before Parliament).
Kemi Badenoch
I now turn to clause 12, and the measures in the Bill that concern the Electoral Commission. Members of the Committee will agree that it is vital that we have an independent regulator that commands trust across the political spectrum. The public rightly expect efficient and independent regulation of the electoral system. The purpose of the clause is to make provision for the introduction of a strategy and policy statement that sets out guidance that the Electoral Commission must have regard to in the discharge of its functions. The commission will be required to report to the Speaker’s Committee on the Electoral Commission on what consideration it has given to the statement in the exercise of its functions within 12 months of a statement being designated, and every 12 months thereafter.
The clause sets out clearly the type of guidance the statement may contain, which includes Government strategic priorities relating to elections, referendums and other matters in respect of which the commission has functions. As the statement will contain Government guidance, and the Government’s views of the commission’s priorities, it will therefore be drafted and designated by the Secretary of State. However, the statement will be subject to a statutory consultation with the Speaker’s Committee on the Electoral Commission, the Public Administration and Constitutional Affairs Committee and the Electoral Commission itself before being subject to parliamentary approval. That will ensure that the Government must consider Parliament’s views and will allow Parliament to have the final say over whether the statement is designated.
Patrick Grady
Does that mean that Parliament will have the opportunity to amend the statement? Will Opposition Members, or Government Back Benchers, be able to table textual amendments to the Government’s statement, or will it be for the Government to amend a draft statement in the light of consultation responses?
Kemi Badenoch
I do not believe that is the case. We would have to bring in a different statement if Parliament did not allow it, and during a parliamentary debate views could be considered.
The Secretary of State will be required to consult Scottish and Welsh Ministers with regard to any guidance relating to the commission’s devolved Scottish and Welsh functions. To ensure that the statement remains relevant, the clause requires that at least once every five years since the previous statutory consultation, the Secretary of State must review and determine whether to revise or withdraw the existing statement. The Secretary of State must then consult the statutory consultees previously listed before laying a revised or unamended draft statement before Parliament for approval.
It is important for the Government to be able to make swift changes to the statement when needed. That is why the clause provides that, within the five-year period, the Government may on their own initiative or at the request of the commission, review the content of the statement from time to time. When doing so, the Secretary of State must inform the statutory consultees of any proposed changes and consult the Speaker’s Committee on whether those changes require a statutory consultation. Should the Secretary of State disagree with the Speaker’s Committee’s opinion, they may proceed with laying the draft statement before Parliament for approval only after issuing a ministerial statement outlining the reasons for disagreeing with the Committee’s opinion.
On Government amendment 1, it was always our intention that any revisions to the strategy and policy statement, apart from typographical or clerical errors, should be submitted for parliamentary approval, both within the five-year period and at the five-year review point. However, since introduction, we have identified that the wording of proposed new section 4E(4) to PPERA could unintentionally enable the Secretary of State to determine that, following a revision to the statement within the five-year period, the obligation to lay the draft statement before Parliament does not apply. That could have the unintended consequence of allowing the Secretary of State to bypass the requirement to submit the statement for parliamentary approval. That was never our intention, and the Government are clear that the strategy and policy statement must be subject to appropriate levels of parliamentary scrutiny. For that reason, we have tabled Government amendment 1, which clarifies that new section 4E(4) does not disapply the requirement on the Secretary of State to submit the revised statement for parliamentary approval.
Cat Smith
Part 3 of the Bill, and clause 12 in particular, represent a deeply worrying step for our democracy, and I do not say that lightly. It is not fair on any Government. It might be the Minister’s party in government today, but we legislate for future Governments that could be of other parties, including parties not represented in this room. It is not for any Government to dictate the priorities of an independent watchdog, and yet these proposals allow the Government of the day to set the agenda for the Electoral Commission.
Kemi Badenoch
Strategy and policy statements are not unique to this regulator. We have had them for other independent regulators. We had one for Ofgem, and it is also mentioned in the energy White Paper, so why is it fine for other regulators, but not this one?
Cat Smith
I am very clear about this. I will come to it later in my remarks in more detail, but, roughly speaking, regulation of the Electoral Commission regulates elections in which Governments are elected. There is a difference between the regulation of democracy in elections and the regulation of water companies, for example. There are distinct reasons why it is important that an Electoral Commission in particular has independence from the Government of the day. Indeed, that can be seen in examples from similar democracies. New Zealand, Australia and Canada are three democracies that we look to and that, for historical reasons, have structures similar to our own. It very much looks as though the Government are trying to rig democracy in their favour by directing the strategy and policy of the Electoral Commission, and that is very different from other regulators.
The existence of an independent regulator is fundamental to maintaining confidence in our electoral systems and, therefore, confidence in our democracy. That is particularly important when the laws that govern elections are made by a small subset of the parties that stand in elections. Many parties that stand in elections in our country do not have Members of Parliament elected, and much of the legislating on this will be done in secondary legislation. We have only three political parties represented in this room. We have more than that elected to this House, and there are many more parties that the Electoral Commission regulates that do not have any Members of Parliament on the green Benches. I stress that having a very small subset of participants in a process making decisions on the regulation of an independent regulator is deeply troubling.
The commission’s independence needs to be clear for voters and campaigners to see. The commission needs to be seen to be fair and impartial. If we see this measure alongside previous calls by some Government Members on the green Benches—although I do not think by anyone in this room today—to abolish the Electoral Commission in its entirety, it does strike me as a worrying trend. I have been looking at similar democracies—the three obvious ones are Canada, New Zealand and Australia—where there is a complete separation between the Governments and their electoral commissions. A country where the Electoral Commission is told what to do by the Executive is not a country with free or fair elections. The regulator of our elections needs to be independent and impartial and must not be subject to political control.
I have tried to think of other examples. I am a football fan and this is like being able to decide who the referee is and whether they grant a penalty. We would all like to see our clubs do well, but it would be deeply unfair to the teams that we play, so we would not go along with it. We would not allow a gang of criminals to decide whether the police could investigate a crime, and nor should the governing party decide the political strategy of the supposedly independent—this raises that question—Electoral Commission.
Far from increasing the powers of independent electoral regulators, and giving them the powers they need to defend and protect our democracy, it looks like the Government are intent on stripping the Electoral Commission of its ability to do its job in this field. These proposals threaten to end the commission’s independence and put control of how elections are run in the hands of those who have won them, which seems intrinsically unfair. These are the actions of a Government that fear scrutiny, as we have seen in other recent legislation.
I draw hon. Members’ attention to the evidence sessions held by the Public Administration and Constitutional Affairs Committee, where we heard from Helen Mountfield QC. She said that the Bill arguably breaches international law and that
“the removal of the independence of the Electoral Commission is potentially legally problematic”
and breaches the UK’s constitutional standards. I feel that clause 12 should be removed in its entirety.
I finish by responding in more detail to the Minister’s previous intervention. The ministerial powers to specify statements for Ofcom, Ofgem and Ofwat do not include giving guidance about specific matters or functions for which those regulators are responsible. That is a completely out-of-the-ordinary and inappropriate abuse of power. The example strategy and policy statement that was published last month illustrates the scope of this power and how it could be applied in reality.
The breadth of the example statement strayed, I would argue, from the scrutiny of the commission and into decision making and directing how decisions are made. Some of the content would have an impact on the commission’s independence, for example by specifying considerations to which it must have regard when carrying out its enforcement work. I do not believe that this clause should stand part of the Bill and we would like to vote against it.
Patrick Grady
In that case, I hope the hon. Member will support the amendment to provide for lay membership of the Speaker’s committee to enhance that level of scrutiny and indeed to ensure that there is not a Government majority on that committee. No one is saying we should not expand scrutiny of the Electoral Commission’s operations; we are saying that the clause will reduce scrutiny and put more control in the Government’s hands. It is not good enough to say that statements can be consulted on and indeed might change between Governments as Governments change. In fact, that is more dangerous and would lead to inconsistency, which would really start to diminish the commission’s impartiality.
No one can say, “Well, this is a bland and harmless overall statement of principles that people have already agreed to,” when it provides directives and powers to give directives that are not found elsewhere either in UK regulators or in comparable commissions in the Commonwealth such as those of Canada, Australia and New Zealand. Conservative Members in particular are generally so proud that people in those countries look to the mother of Parliaments for their inspiration and to this glorious United Kingdom as an example of democracy that others should aspire to. Those countries have done that—well, they may have done that—and they have independent regulators that are accountable to their Parliaments and legislatures, not to their Executives. The SNP opposes this power grab and will oppose the clause.
Kemi Badenoch
It is pretty obvious that Opposition Members are making a mountain out of a molehill. It is well established for a Government to provide policy guidance to independent regulators via policy statements such as with Ofgem and Ofwat, as I said in my intervention on the hon. Member for Lancaster and Fleetwood. It is also entirely appropriate for a Government to provide a steer on electoral policy and ensure that their reforms on electoral law are properly implemented. That does not fetter operational enforcement decisions on individual cases or change the Electoral Commission’s statutory duties.
The fact is, the Electoral Commission is created in law and the strategy and policy statement does not supersede the legislation. That is not the intention, and the measures in the Bill do not do that. If there were a conflict, the commission would have to defer to the law and not to a statement.
On who can amend a statement, there are multiple ways for Parliament to indicate its intention if it does not like the content of a statement. That does not need to be specifically through an amendment—there are other ways in which procedurally we as parliamentarians can let our views be known.
At present, the Electoral Commission is not properly accountable to anyone. As a result, its failings such as on electoral fraud in Tower Hamlets have never been addressed. The Speaker’s committee has not provided enough robust scrutiny on such issues.
Cat Smith
I thank the Minister for giving way on that point, because I am the only member of the Committee who is also a member of the Speaker’s Committee on the Electoral Commission. I agree that that committee is not as effective as it should be. Is she minded to support amendments to strengthen the Speaker’s Committee on the Electoral Commission, perhaps by ensuring that no one party has overall control? That would strengthen the committee and scrutiny of the Electoral Commission, which we all want.
Kemi Badenoch
I will answer more fully on those amendments when we come to that part of the debate.
The Pickles review on electoral fraud recommended such reforms to improve accountability, and that the Government put in place a stronger emphasis on and remit for preventing electoral fraud.
There is something more concerning in the statements that I have heard from Members on the other side of the Committee, however. The Electoral Commission does not regulate politicians; it regulates the electoral process. Parliament is sovereign; we are the ones who make the rules. If anything, Opposition Members’ statements almost sound as though they think the Electoral Commission is there to assist the Opposition in holding the Government to account, which is just another type of bias.
Kemi Badenoch
That is what it sounds like. If, as they believe, and as we believe, the Electoral Commission is truly independent, a strategy and policy statement that all of Parliament votes on should be sufficient. On that point, I stress that Her Majesty’s Government and Ministers are separate from political parties, which the Electoral Commission regulates. Ministers act in line with the public interest and the provisions of the “Ministerial Code”. The points that those Members are making are well outside the scope of what the Electoral Commission should be doing. This is not a worry about accountability, and a good strategy and policy statement will not affect the commission’s ability to do its work.
Amendment 1 agreed to.
Question put, That the clause, as amended, stand part of the Bill.
Kemi Badenoch
The Speaker’s Committee on the Electoral Commission is a statutory committee whose existing remit is narrowly restricted to overseeing the commission’s finances and the appointment of Electoral Commissions. The purpose of the clause is to expand that remit.
That expansion will contribute to improving the parliamentary accountability of the Electoral Commission by giving the UK Parliament the tools that it needs to effectively hold the commission accountable. The clause will expand the role of the Speaker’s committee and empower it to examine the commission’s performance in its duty to give regard to the strategy and policy statement. That will enable the committee to perform a scrutiny function similar to that of parliamentary Select Committees in that it will be able to retrospectively examine the commission’s activities in the light of the regulator’s duty to give regard to the strategy and policy statement.
That new power will sit alongside the committee’s existing statutory duties, which we are not amending. To be clear, under the clause, the committee will not be able to proactively direct the commission’s decision making either. The commission will remain fully operationally independent and will continue to be governed by the electoral commissioners. To support that expanded scrutiny function, the clause also gives the committee powers to request relevant information from the commission in such forms as the committee may reasonably require—oral or written evidence, for instance.
To protect the integrity of the commission’s enforcement function, the provisions will ensure that it is not required to disclose information that might adversely affect any current investigation or contravene data protection legislation. The clause also makes provisions for the protection of witnesses against defamation claims, and for any evidence given by a witness not to be used in civil, disciplinary or criminal proceedings against the witness, unless the evidence was given in bad faith. That is necessary to afford a degree of protection to witnesses.
For the reasons I have set out, the clause will improve the accountability of the commission to the UK Parliament while respecting the regulator’s independence and enforcement proceedings. I therefore urge that the clause stand part of the Bill.
Cat Smith
The Opposition broadly support the principle of expanding scrutiny of the Speaker’s Committee on the Electoral Commission. However, we have some issues with the membership, which we will come to when we debate a subsequent clause, so I will hold back some of my remarks until then.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 14
Membership of the Speaker’s Committee
Cat Smith
Amendment 65 prevents a situation in which the Speaker’s Committee on the Electoral Commission can have a majority from the governing party in the House of Commons. The committee currently has a Government majority, and the Bill seeks to strengthen and increase that majority. If we saw that happening in any other democracy around the world, I do not think that we would be sitting back and not saying anything.
As the primary mechanism through which the Electoral Commission is accountable to Parliament, we are concerned that, for the first time, the Speaker’s Committee on the Electoral Commission in the current Parliament has been composed of a majority of MPs from the governing party. This would have been a good opportunity for the Government to be able to correct what I think was an inadvertent error of circumstances.
Although it is normal for Committees to have a governing party majority, it is especially important in the case of the Electoral Commission that oversight is balanced, given that it is responsible for electoral law, including making decisions that may be perceived to have been against a political party that may have membership on the committee. The Bill involves many attempts by the Government to dodge scrutiny, which seems to be a theme running not only through this legislation but through others, so I encourage Members to prevent a situation whereby the Executive has a majority on a committee that aims to scrutinise our democracy.
Amendment 66 proposes to include laypersons on the Speaker’s committee. The voice of voters and major stakeholders in the Electoral Commission’s work is absent from oversight of the regulator. Including laypersons on the committee would enhance non-partisan scrutiny and bring a very different perspective. There are precedents for including lay members on committees overseeing issues that should be outside partisan interests. Lay members sit on both the Speaker’s Committee for the Independent Parliamentary Standards Authority and the Committee on Standards. Amendments 66 and 65 are complementary to ensuring that there is no Government majority on the Speaker’s Committee on the Electoral Commission.
Kemi Badenoch
The Speaker’s Committee on the Electoral Commission is a statutory committee, the membership of which is set out in the Political Parties, Elections and Referendums Act 2000 and includes five Back Benchers, who are appointed by the Speaker of the House of Commons, and four ex officio members. It is a cross-party committee and chaired impartially by the Speaker. As such, it is expected to work on consensus across party lines, as is the case for all parliamentary committees, regardless of their political majority. There has never been any suggestion that the presence of a Government majority has fettered the Speaker’s committee’s ability to work constructively with the Opposition in holding the Electoral Commission to account.
The Speaker’s Committee on the Electoral Commission’s composition currently reflects the wider majority in the House of Commons, as is usually the case for parliamentary committees. Contrary to some of the claims made by the Opposition during the debates about the Bill, it does not have an in-built Government majority. The Speaker already has the necessary statutory powers to appoint five Back Benchers of his choosing.
Therefore, the Opposition’s amendment 65, which seeks to ensure that the Government do not have a majority on the Speaker’s committee, is wholly unnecessary as it seeks to resolve a non-existent problem. Also, as I said earlier in the debate on clause 12, it hints at there being a political motive, rather than a desire to strengthen the Speaker’s committee.
Our view is that amendment 66 should also be opposed, as it is inappropriate. As the Committee will know all too well, it is extremely rare for lay members to be appointed to parliamentary Committees. On the rare occasions that it has happened, extensive consideration was given by previous Parliaments to ensure there were strict criteria determining the appointment process, length of mandate and political background of those lay members. This is necessary to ensure that the addition of lay members to parliamentary Committees does not undermine the role of parliamentarians in their scrutiny function.
None of this important reflection work appears to have been done by the Opposition in tabling this amendment, which simply seeks to pander to false claims that the Speaker’s Committee on the Electoral Commission has an in-built Government majority. The perspective of voters and members of the public is rightly represented on that Committee by its members, as parliamentarians. It would be both highly unusual and unnecessary in this case to appoint lay members to the Speaker’s Committee on the Electoral Commission. Parliamentarians should be trusted to duly scrutinise the work of the Electoral Commission while having regard for preserving public confidence in the integrity of our elections.
For these reasons, I urge the Committee to oppose both amendments.
Patrick Grady
If the Minister is saying that the amendment to provide that the Government do not have a majority is fixing a “non-existent problem”, the logic of that is the amendment should not cause a problem either. Also, the Government might want to consider—this may be hard to believe at the moment—that they may not be in power forever. At some point in the future, another party or parties may form a majority in this House and may wish to legislate, regulate and all the rest that flows with the taking of power. At that point, I have a feeling that a Conservative Opposition’s view on all these matters might suddenly change. So the Government might want to think about some of that, in relation not just to this amendment, but other things in the future.
The point about lay membership was very well made by the Labour Front-Bench spokesperson. It is not uncommon to find lay members on certain consultative and advisory Committees associated with this House, and indeed in other parts of public life. Given that some of the Minister’s own Back Benchers were asking earlier for increased impartiality in the Speaker’s committee, I would have thought that the presence of lay members, who can bring in outside expertise without worrying about the transition that might happen at an election or whatever, would be quite helpful.
I will be very happy to support any amendments that the Labour party chooses to push to a vote.
Kemi Badenoch
Clause 14 will facilitate Government participation in proceedings of the Speaker’s Committee on the Electoral Commission. That is necessary because, given wider commitments, it has not always been possible for the Minister for the Cabinet Office to attend the Speaker’s committee meetings, despite the fact that they are an ex officio member of the Committee under the Political Parties, Elections and Referendums Act 2000. Only members named in the legislation are entitled to participate in proceedings of the Speaker’s committee. However, in practice, another Minister of the Crown with responsibility for the constitution will generally exercise functions relating to elections and the constitution on behalf of the Minister for the Cabinet Office. This clause will therefore allow concurrent membership for the Minister for the Cabinet Office and a Minister of the Crown with responsibilities in relation to the constitution who is appointed by the Prime Minister.
This clause will also revoke the Transfer of Functions (Speaker’s Committee) Order 2021, which served a similar purpose and allowed a Minister of the Crown in the Cabinet Office with responsibility for the constitution to deputise for the Minister for the Cabinet Office whenever necessary at meetings of the Speaker’s Committee on the Electoral Commission.
I want to state clearly on the record that, in contrast to what some Opposition members have claimed, this clause will not increase the total number of Government members or votes on the Committee. Nor will it allow the Minister for the Cabinet Office and the Minister of the Crown to be appointed by the Prime Minister to attend Committee meetings at the same time, or to have two votes. Rather, the clause will merely allow a Minister of the Crown to deputise for the Minister for the Cabinet Office as and when he is unable to attend Committee meetings. There will continue to be only two ex officio Government members, with two votes, in total on the Speaker’s Committee on the Electoral Commission. Together, the Minister for the Cabinet Office and the Minister of the Crown deputising for him amount to only one member and one vote, because they cannot both attend Committee meetings.
Following the recent machinery of government change, a transfer of function order will be laid separately to replace any mention in this provision of the Minister for the Cabinet Office with a reference to the Secretary of State for Levelling Up, Housing and Communities. As Minister of State at the Department for Levelling Up, Housing and Communities with responsibility for local government, it is expected that I will be appointed by the Prime Minister to be the other ex officio Government member of the Speaker’s Committee on the Electoral Commission. This clause is necessary to duly facilitate Government participation in proceedings of the Speaker’s Committee on the Electoral Commission, and I urge that the clause stand part of the Bill.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Criminal proceedings
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The purpose of clause 15 is to maintain the existing role of the Crown Prosecution Service and the Public Prosecution Service in Northern Ireland in bringing prosecutions under electoral law by clarifying the extent of the Electoral Commission’s powers. The Electoral Commission has publicly stated in its 2020-21 to 2024-25 interim corporate plan that its intention is to develop a prosecutorial capability that would allow it to investigate suspected offences and bring them directly before the courts. For the avoidance of doubt, the commission has never brought a criminal prosecution to date. While the commission considers that the current legislation provides scope for it to develop this function, this has never been explicitly agreed by the Government or Parliament, and could risk wasting public money while duplicating the work of the prosecution authorities that are already experts in this domain.
Clause 15 therefore amends the Political Parties, Elections and Referendums Act 2000 to expressly remove the potential for the commission to bring criminal prosecutions in England, Wales and Northern Ireland. This will not apply in Scotland, where there is already a single prosecutorial authority. This clause will not amend any of the commission’s other existing powers: the commission will continue to have a wide range of investigatory and civil sanctioning powers available to it. It will also remain able to refer criminal matters to the police, as is currently the case.
To reiterate, the purpose of this clause is to maintain the existing role of the Crown Prosecution Service and the Public Prosecution Service in bringing prosecutions under electoral law by clarifying the extent of the Electoral Commission’s powers. The effect of the clause is to amend paragraph 2 of schedule 1 to the Political Parties, Elections and Referendums Act 2000 to provide for expressly removing the potential for the Electoral Commission to bring criminal prosecutions in England, Wales and Northern Ireland. It also maintains the existing prohibition on the commission borrowing money, and relocates it to proposed new paragraph 2(2) of schedule 1. As I mentioned earlier, it is not necessary to include similar provisions for Scotland, as it is already clear that the Lord Advocate, acting through the Procurator Fiscal Service, has sole responsibility for criminal prosecution in Scotland. For those reasons, and to bring much-needed clarity to electoral law, I urge that the clause stand part of the Bill.
Patrick Grady
As the Minister has said, this clause relates to England, Wales and Northern Ireland. It does not really cover Scotland because of the nature of the Crown Prosecution Service, and in olden times, this might have been one of those clauses that was subject to the English votes for English laws procedure. I always like to speak on things that might have been covered by the EVEL procedure.
I want to reflect a little bit on this clause, though, because the Electoral Commission and other stakeholders have expressed concerns about what the Government are trying to do here. The Government giveth a statement, a direction to the Electoral Commission, and then they taketh away, saying that the commission cannot have the powers that it wants in order to be able to do its job right now—to increase its capability to prosecute. Throughout scrutiny of this Bill, we have heard from Government Members about rampant corruption threatening the integrity of the UK system. We have heard that Tower Hamlets was not an isolated case—people were prosecuted in that case, and brought to justice—but that similar cases are happening all over the country; it is just that we do not know about them, and they need to be investigated and prosecuted. Here is an opportunity for prosecution, but the Government are taking it away.
Other regulators have this power, either at an English, a Welsh, or a UK-wide level, including the Financial Conduct Authority, the Health and Safety Executive, the Information Commissioner’s Office and the Food Standards Agency. As such, this goes back to the point I made about some of the earlier clauses in this part of the Bill, about what the Government are trying to do here and the power grab that they are determined to effect. I fully accept that the regulatory and prosecutorial regimes north and south of the border are different, so it is not the SNP’s place to challenge this clause or press it to a vote, but it is important that those points are put on record.
Kemi Badenoch
As I sum up, I would like to add a further point in response to accusations that the clause represents a power grab. I wholeheartedly agree with the excellent points made by my hon. Friends. However, I thought it was also worth reminding the Committee that the Crown Prosecution Service has criticised the Electoral Commission’s suggestion that it should have prosecution powers. The Crown Prosecution Service noted that
“the CPS deals with criminal offences under the RPA and criminal charges under PPERA, while the Electoral Commission has civil powers to deal with PPERA cases. We assess this is an appropriate division. There are important prosecutorial functions that the CPS has vast experience of, and expertise in, including police PACE processes, adherence to CPIA legislation and to disclosure rules.”
It continued:
“In our view, a criminal-civil divide provides a good level of precision… Any unintentional blurring of the lines would be counter-productive.”
Those are the Crown Prosecution Service’s words, which explain why the clause is important. I would also like to remind the Committee that the Electoral Commission has civil sanctioning powers that apply to referendums and elections. More serious matters can be referred to the police and the CPS, and then considered by a court of law. The courts already have the power to levy unlimited fines, but the Electoral Commission still has civil sanctioning powers, which we believe are sufficient.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
The Chair
I am not on now till Wednesday week, so, if you finish before then, may I say it has been an absolute delight to work with you all? If you are still talking about the Bill on Wednesday week, I shall look forward to this Committee with the greatest anticipation.
Ordered, That further consideration be now adjourned. —(Rebecca Harris.)
Elections Bill (Ninth sitting)
Kemi Badenoch ExcerptsThursday 21st October 2021
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 View all Elections Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 21 October 2021 - (21 Oct 2021)
The Chair
With this it will be convenient to consider that schedule 5 be the Fifth schedule to the Bill.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
Clause 9 and schedule 5 ensure that the changes made to parliamentary elections in Northern Ireland in part 1 of the Bill are applied to local and Assembly elections in Northern Ireland. We have already considered the substantive detail of these changes to parliamentary elections in clauses 1 to 8. The same measures will apply to Northern Ireland’s local and Assembly elections. For that reason, I do not want to go through the detail of the changes again. However, hon. Members may note that, although the existing Northern Ireland identification provisions remain unaltered, some small technical changes made in clause 1 will apply to the equivalent rule in Northern Ireland, including the requirement that the returning officer must provide a private space for voters to produce their identification should they require it.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Schedule 5 agreed to.
Clause 10
Extension of franchise for parliamentary elections: British citizens overseas
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move amendment 79, in clause 10, page 13, line 4, at end insert
“and
(c) the person satisfies at least one of the following conditions—
(i) he or she was included in a register of parliamentary electors at some time in the past fifteen years;
(ii) he or she was resident in the United Kingdom at some point in the last fifteen years;
(iii) he or she is a member of the United Kingdom armed forces;
(iv) he or she is employed in the service of the Crown;
(v) he or she is employed by the British Council;
(vi) he or she is employed by a United Kingdom public authority;
(vii) he or she is employed by a designated humanitarian agency; or
(viii) he or she is the spouse or civil partner of a person mentioned in sub-paragraphs (iii) to (vii) above and is residing outside the United Kingdom to be with his or her spouse or civil partner.
(1A) The Minister for the Cabinet Office or the Secretary of State may by statutory instrument define ‘United Kingdom public authority’ and ‘designated humanitarian agency’ for the purposes of subsection (1)(c).
(1B) A statutory instrument containing regulations under subsection (1A) is subject to annulment in pursuance of a resolution of either House of Parliament.”
This amendment is a probing amendment to enable debate on the premise of maintaining 15-year rule with exemptions for certain citizens.
It is a pleasure to serve under your chairship, Ms Ali. The amendment relates to the 15-year rule exemptions. I will make some introductory comments on overseas electors as a whole, in order to put the amendment into context. As a modern, progressive party, Labour is committed to building a truly global Britain and championing our core values of equality, social justice and opportunity for all. All hon. Members will agree that no area of electoral law is more important than the franchise—who gets to vote and is able to participate in our democracy. Overseas electors play a significant role in providing a close connection not only to our European neighbours but to countries across the world, and we must continue to encourage that valuable connection.
Under the current system, British citizens who have moved abroad can register to vote as an overseas elector in the last constituency in which they were entered on an electoral register. British citizens who have lived overseas for more than 15 years cannot register to become an overseas elector. The Opposition are committed to taking radical steps to ensure that all eligible voters are registered and able to use their vote. The issue of extending voting rights for overseas electors is important and must be considered properly.
The extension of overseas voting rights has come a long way since 1985, when British citizens living outside the UK were unable to register to vote in any elections. The Representation of the People Act 1985 introduced new provisions allowing British citizens living overseas to qualify as electors in the constituency where they were last registered to vote before moving. The time limit from 1985 was only five years. In 1989, that was extended to 20 years, before being reduced to 15 years in 2002.
In the 2015 and 2017 general elections, it was a Conservative party manifesto commitment to abolish the 15-year rule and allow British citizens a vote for life in parliamentary elections. Indeed, about three years ago, a private Member’s Bill was tabled by the then Member for Montgomeryshire that would have changed voting rights for overseas electors, but it did not progress in the previous Parliament. Our position has not changed since those debates in 2018: we are committed to building a franchise that ensures that everyone living in, and contributing to, the UK has their voice heard and represented. The current 15-year rule strikes the right balance between allowing expats to maintain strong links with the UK and ensuring the integrity of the electoral process. It means that expats can continue to engage with our democracy for a significant period of time after they have left the UK, but it maintains the balance in our representative democracy by which people who are affected by rules and laws get to decide who makes them.
My biggest concern about the overseas electors section of this Bill is the fact that it could undermine the integrity of our electoral process. Not only does this change threaten to overwhelm our election teams—who, frankly, are already overworked and under-resourced enough—it threatens to allow foreign money to flood into our democracy. Let us be clear: the true motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors unlimited access to our democracy, and allow them to bankroll Tory campaigns from their offshore tax havens. There is no possible justification for changing the law, other than to open a loophole so that donors can continue to funnel money into the Conservative party. For example, the new law will allow one of the Tories’ biggest donors to keep bankrolling the party for life, despite having reportedly lived in the Bahamas for a decade. John Gore has given almost £4.2 million to the Conservative party, making him the Tories’ No. 1 donor, despite his having spent more than a decade away from the UK.
The Conservative party accepted more than £1 million from UK citizens living in tax havens ahead of 2017 through existing methods, as reported in The Times. The new law will remove those barriers, and what angers me most is that in one fell swoop, expats will be granted more flexibility in registering to vote than people who live in this country. If the Conservatives were serious about improving democratic engagement, they would be extending the franchise to 16 and 17-year-olds, as well as concentrating efforts on registering the millions of adults in this country who are not currently on the electoral roll. This Bill allows expats to vote in UK elections regardless of whether they have previously been on an electoral register. It is a free ticket for anyone hoping to fraudulently register in a swing seat, who only require another expat to vouch for them.
Cat Smith
The hon. Member could not have made his point about the loophole that this legislation will create any more clearly, and I agree about the principle of no taxation without representation. It strikes me that there are 16-year-olds in this country who are going out to work and are paying tax, and are affected by things such as the rise in national insurance contributions, who have no say in who their UK parliamentarians are, while overseas electors who live in tax havens will suddenly get free rein. Rather than taking the necessary steps to safeguard British democracy from malign foreign influences, as highlighted in the Russia report, the UK Government are instead allowing even more foreign interference in our democracy.
Turning to the issue of the election teams that register electors in councils up and down the country, the representations this Committee has heard have proven that those teams are already under a lot of pressure. They cannot cope, and if this clause becomes part of the Bill, the impacts on electoral return officers and councils is going to be huge, because the process of registering an overseas elector can take around two hours. If those officers were to see a huge increase in the number of overseas electors registering to vote, at a time when councils already face huge funding cuts and pressures, that would threaten the integrity of our elections as well.
Obviously, overseas electors fall off the register every 12 months, so the vast majority of registration applications occur immediately ahead of a general election, when the pressure on our electoral administrators is already at its most intense. Abolishing the 15-year rule and therefore increasing the number of British citizens overseas who can register to vote would completely overstretch electoral administrators, who are already being pushed to the limit.
I put three questions to the Minister, which I hope she will answer in her response. Do the Government have any indication of how many of the estimated 5 million Britons living abroad would apply to be overseas electors in the run-up to a UK parliamentary election or national referendum if the 15-year rule were removed? How does the Government intend to fund the electoral registration officers for the additional costs that will be incurred by the proposals, and what steps will the Government take to ensure that election teams have the resources and capacity to manage that increased volume of electors? If the Government are so intent on granting votes for life, why do they not focus on domestic voters and grant 16 and 17-year-olds the vote? The Bill will further embed and entrench current laws that prevent 16 and 17-year-olds, either abroad or in the UK, from engaging in parliamentary elections.
I will not speak for long on amendment 79 because it is probing, and I wish to trigger a debate on the premise of maintaining the 15-year rule with exemptions for certain citizens. The amendment attempts to demonstrate that abolishing the 15-year rule entirely is a drastic, extreme move that will flood our democracy with money from overseas and threaten its integrity. Instead of abolishing it entirely, the Minister could exempt certain groups of people from the 15-year rule, with the necessary checks in place. For example, the Minister might want to exempt those who have fought for our country and might lose their right to vote by being away, which seems very unfair. In the same spirit, we may not want those who serve our country in the service of the Crown—some 1% of our civil service are permanently based abroad—to miss out on their chance to vote, nor those working for the British Council, with the services they perform for our nation and standing in the world, or those employed by a UK public authority or a designated humanitarian agency. Will the Minister consider that this approach might achieve her aim of enfranchising expats while still protecting our democracy?
Kemi Badenoch
I read the amendment very carefully, and it is a shame so much was put into it because it contains some interesting points that we could discuss with the Opposition given the spirit of what they are trying to do. I recognise it is a probing amendment as well. Unfortunately, the way the amendment has been worded would completely undermine our manifesto commitment to scrap the 15-year time limit on British citizens voting from overseas. I reiterate that we intend to deliver votes for life and extend the franchise for UK parliamentary elections to all British citizens living overseas who have previously been registered in the UK, and extending the franchise to those people sets a sensible boundary for the franchise for those who have a strong connection to the country.
Given that we have been talking about fraud and ensuring that the franchise is protected, proposed new paragraph (c)(ii) is interesting, and I would have liked to have spoken to the hon. Lady about it. I know these amendments came in fairly late and perhaps we might be able to discuss what she is seeking to achieve there.
However, the additional conditions set out in the amendment would weaken the sensible boundary I mentioned and exclude a large number of citizens with a deep relationship with the UK, so we cannot accept the amendment for that reason. Most British citizens overseas retain those deep ties: many still have family here; some will return here; many will have a lifetime of hard work in the UK behind them; and some will have fought for our country in the past but are no longer a member of the armed forces. We can see the strength of their continuing connections in the passion of the campaigns for votes for life. The amendment purposely excludes the voices of those who have deep ties and wish to participate in our democracy, but through no fault of their own do not meet those strict conditions.
Patrick Grady
The Minister is speaking of the deep ties that people who have lived away from this country for more than 15 years continue to maintain. Given that the Treasury told me it has not made any estimate of and “cannot identify” individuals registered as overseas electors within tax data, does she think that, once the system is up and running, some kind of survey, canvass or random sample might be worthwhile? That would help us understand the demographics and nature of those electors. Perhaps, as part of that survey, there could be an assessment of what tax those people pay to the UK Exchequer.
Kemi Badenoch
I do not think there is anything wrong with the hon. Gentleman’s suggestion. Obviously, I will not commit to anything here, but it is always useful to know the exact demographic information and what people are and are not doing. We have done more than any other Government to prevent tax avoidance in this country. If he has good suggestions for what we can do, I am sure that the Treasury will take them up.
The hon. Gentleman and the hon. Member for Lancaster and Fleetwood made a point about political donations. It is a shame that we are not rising above the fray and that we are making out that things are done for political reasons when they are not. A long-standing principle originally recommended by the Committee on Standards in Public Life is that permissible donors are those on the UK electoral register: if someone can vote for a party, they should be able to donate to it. Election law allows registered British expats to vote in UK parliamentary elections and to make those donations for up to 15 years.
I understand the point about taxation. However, since the adoption of universal suffrage, taxation has never been the basis of enfranchisement in the UK. Many people who could donate now pay tax in the countries they live in; others who pay tax on their pensions, property and investments in the UK might still not have a right to vote. Opposition Members’ tax explanation does not really add up.
Kemi Badenoch
Yes, I have just referred to that. However, within the UK, there are many who do not pay tax who can still vote. That is my point: the principle is not used universally at the moment. Many of the people who they are claiming do not pay tax actually quite often do. A classic example is full-time students, who do not pay tax but are allowed to vote.
The hon. Member for Lancaster and Fleetwood asked whether the Government have an indication of how many people we are talking about enfranchising. I do not have that information at my fingertips, but I can write to her on that specific point.
On the funding of electoral registration officers, the new burdens doctrine applies. We will not ask people to do things for which they do not have the resources.
The House has debated votes for 16 and 17-year-olds exhaustively. The fact is that 16 and 17-year-olds will eventually get the right to vote. The clause is a completely different issue, and we should not muddle them up. Based on those answers, I hope the hon. Lady feels we have had a sufficient debate and agrees to withdraw her probing amendment. We can have discussions on what else we can do to tighten up the franchise.
Alec Shelbrooke (Elmet and Rothwell) (Con)
It is a pleasure to serve under your chairmanship, Ms Ali. I was not going to comment on the amendment. However, while I have great regard for the shadow Minister, as she knows, I was disappointed in the route her speech went down by trying to make the issue about political donations. There is a system in this country for how our political parties are funded, and it is a cheap kick-around to try to say that our system is being corrupted. Donations to the Conservative party are declared through the official lines. Some of the examples the hon. Lady gave would still be eligible to make donations under existing legislation.
I make that point because this clause offered the possibility for some probing amendments to try to expand this issue, because it does need a great deal of thought. I am disappointed because the amendment is perhaps not clean enough to go down that road. However, I think that we are doing all of us in this House a disservice when we try to link a political issue to extending the franchise and the reasons behind that.
The Committee may recall that my right hon. Friend the Member for North Thanet (Sir Roger Gale) gave the example of Harry Shindler and that question is the driving force behind why he feels, despite being a Labour party member, that it is important to try to extend the franchise. Within the thinking—I say this as a former vice-chairman of the Conservative party, the international chairman of the Conservative party—at no time in any of the discussions about the idea was it linked to trying to bring in further funding from abroad.
We can get into a real political knockabout on political funding. We can talk about union funding; we can talk about the lack of tax returns from Unite the union. We can have that knockabout. What I have found over the years is that, yes, political funding can be a problematic thing, and it can be kicked about, but it is still a better position to have it than to have state funding for political parties, whereby people have their taxation used to fund a whole bunch of political parties whose political beliefs are nowhere near their own.
When we probe the clause, I make the plea that we should move away from trying to make out that there is some kind of corruption behind it, and stick to the arguments that many have made over a great period of time. I am sure that there are varying views in my party, even though there was a very clean line in the manifesto on this issue, about how things should go ahead and the implications, including about somebody who has basically absented themselves from this country for a long time—these are issues that are to be debated.
I put on the record my disappointment about how the amendment has been drafted and that it has been brought down to an issue that I do not think does anybody in this House a service—that is, when we try to paint the picture that there is something corrupt underlying legislation. My plea to the shadow Minister, when she sums up, is that she speak more to the amendments, because I am genuinely interested in them, although I do not think they are quite clean enough. My plea would be that we should please not bring this down to a level of, “This is just so you can expand your political funding”.
Cat Smith
Amendments 80 and 81 both relate to the definition of residency and the evidence that is needed for someone to be classed as a resident. Amendment 80 is a probing amendment, with which I ask the Minister to address the challenges involved in defining residency. The ambiguity surrounding the notion of residency is critical to the future integrity of the franchise. There must be a clear definition of residency before the Government can consider enfranchising the millions of overseas electors who would be eligible under the new provisions. As yet, we have not seen any definition of electoral residence.
Currently, residence is understood to mean a considerable degree of permanence. That means that a person with two homes who spends the same amount of time in each can legally register at both addresses. A lot of hon. Members might be familiar with that situation, as many are registered to vote in both London and their constituencies. The Law Commission’s 2016 interim report recommended:
“The law on electoral residence, including factors to be considered by electoral registration officers, and on special category electors, should be restated clearly and simply in primary legislation.”
Over five years later, we have not had a Government response on that issue.
Although the definition of residence might seem a tedious issue, it is critical to the Bill. The Bill provides that overseas electors can register to vote using only evidence of previous residency, and that is an entirely new and untested voting qualification. The checks on residency in the Bill are very weak. A British expat qualifies to vote as a previous resident if they can provide one piece of evidence connecting them to a residence in the UK at any point in their lives. However, supplying a single piece of evidence at a single point in time does not actually prove residency. According to the Association of Electoral Administrators, scrapping the 15-year rule would increase the potential for electoral fraud, and it would be extremely difficult for EROs to determine the residency of overseas voters and check the validity of the attestation. Marginal constituencies in the UK could see an influx of overseas voters because of the changes brought in by the Bill. It is undoubtedly possible for a determined individual wishing to sway the result of a close election to forge documentation tying them to a past residency in a particular constituency. Moreover, there are no provisions to prevent an overseas elector registering with more than one local authority where they had been on the register. The Bill could open a Pandora’s box of unknown implications for the security of our elections, and for this reason the Government should define what exactly they mean by residency before we plough ahead with the policy.
Amendment 81 is also a probing amendment. It seeks to clarify what documentary evidence the Government see as necessary to register as an overseas elector. If an electoral registration officer needed to check on the registration of a domestic voter, they could simply go to the property, but that is not the case with overseas voters. The Bill asks EROs to determine whether evidence from overseas voters is sufficient. Although I trust the skill and experience of electoral registration officers, I am concerned that there will be a lack of consistent practice across the United Kingdom when it comes to deciding what is acceptable proof of previous residency or connection to a constituency.
Amendment 81 would put into the Bill the pre-existing Government guidance on declaration requirements. All domestic voters are now required to provide a national insurance number, full name and passport details, and they must be made aware of the criminal penalty for false declaration; the same should also be required for overseas voters. If it is good enough for domestic voters, overseas voters should be held to the same standard. I do not intend to press either amendment 80 or amendment 81 to a Division, but I hope the Minister might take the opportunity to clarify the issues that I have raised and perhaps to clarify the Bill with a Government amendment.
Kemi Badenoch
There are two aspects to this group of amendments: creating a statutory definition of residence and the list of evidence of residency. A statutory definition of residence, however well drafted, could end up inadvertently disenfranchising some groups or individuals. Linking the definition to physical residence could be problematic. For instance, an elector may be classed as resident at an address despite not being physically resident: they may be working in a different location, studying—students can register in two constituencies—or in hospital for a long time. Any definition must capture every eventuality; the risk is that, if it cannot, the results may not be as the hon. Member for Lancaster and Fleetwood intended as it would mean the inadvertent exclusion of these groups.
Cat Smith
As is the theme, amendments 82 and 83 are probing amendments. They relate to attestation requirements for overseas voters, which there is space for the Government to strengthen substantially to prevent foreign interference in our elections. The amendments say that there should be two forms of attestation: one from an individual in the constituency where the elector is registering, and one from an overseas elector. This should provide a more robust approach to verifying the identity of an overseas elector. The Association of Electoral Administrators said that it had
“concerns as to integrity, with the possibility of increased applications via this route in a marginal UK parliamentary constituency.”
Such declarations could be made without documentary evidence, and the AEA questioned how likely it is that a false declaration would result in prosecution, when the attestor, as well as the applicant, live abroad. Given that, I do not think that a sworn statement is sufficient security to prevent fraudulent applications. Currently, all we require is that identity must be attested to by another overseas-registered elector who is not a close relative.
More worryingly, overseas electors who do not have access to documentary evidence are entitled to make a declaration of local connection. They can still register even if they have no proof that they were ever resident in the UK; they simply need another overseas elector to make a sworn statement about their identity. Effectively, multiple fraudulent overseas electors could attest for each other at different addresses in the UK using a declaration of local connection; that would allow for multiple false registrations. If it comes down to just a handful of votes—as does happen—fraudulent applications to register to vote could swing elections to this place. I ask the Minister to consider amendments 82 and 83, and to see ways that we can strengthen the integrity of our elections in this regard.
Kemi Badenoch
The amendments would require all declarations from overseas electors to contain two attestations, which is linked to the important principle of the Bill that only those entitled to register are permitted to do so. However, mandating applicants to in all cases provide an attestation of identity as part of their application would be inconsistent with the application process for domestic voters and the current process for overseas electors. The Government do not accept the principle that overseas electors ought to be treated differently and certainly cannot agree to such a burdensome threshold, which would add a significant extra layer of bureaucracy not only for the applicant but for the electoral registration officer, which the hon. Lady just mentioned wanting to avoid. Indeed, it could preclude people who are currently eligible from registering. We intend to strike that balance between ensuring that the registration system works well for citizens and administrators and maintaining the security of our elections.
I take the hon. Lady’s point that we should not create more opportunities for people overseas to do fraudulent things in order to get on the electoral register; that is quite right. We need to make sure that effective measures will be in place for overseas electors to prove their identity. That is absolutely our intention. As I have said when discussing previous amendments, the Bill contains provisions to make secondary legislation that will enable an electoral registration officer to seek additional evidence to verify an applicant’s identity where they consider that that is required, but it is not prescriptive about the nature of that evidence. I suggest that the Government continue to work closely with the hon. Lady and stakeholders to develop a balanced solution. To reassure her, I share her sentiments completely regarding the importance of having in place robust processes for applicants, but I hope she understands why, at this point, we cannot accept the amendment.
Cat Smith
If I understand the right hon. Gentleman correctly, I think we have identified the same issue, and I am going to go out on a limb here and say that we probably agree it is a problem that so many of these electors’ ballots are not returned. My proposed solution—I would be very keen to hear solutions from any member of this Committee; I do not believe any one of us has a monopoly on knowledge or innovation—is that allowing EROs an extra week on the UK end, at the start of the process of issuing a postal ballot to an overseas elector, would increase the chances of many of these ballot papers being returned in time. I do not see the amendment as changing the electoral timetable for domestic voters or the wider election, which I think is what the right hon. Gentleman is asking.
I hope that the exchange that I and the right hon. Gentleman have just had has not confused the Committee too much. My intention is to give EROs the extra time that they will need to register overseas electors, which takes longer than registering a domestic elector. The aim is for them to be able to issue, post and have returned a postal voting form from overseas electors, thereby ensuring that fewer overseas electors are disenfranchised in future elections.
Kemi Badenoch
I am afraid that the amendment would have what I suspect is an unintended consequence, so we cannot accept it. In short, it prevents many overseas electors from casting their ballots, for this reason: the registration deadline for overseas electors is 12 working days before the poll. The amendment does not change that, but it makes the deadline for applying for an absent vote earlier than the registration deadline. The effect is that someone who registers by the registration deadline would not be able to vote because they would not have made their absent vote application, and the only way they could fix that would be to travel back to the UK for polling day. The proposed changes to move other absent vote deadlines further from polling day would make it more difficult for some overseas electors to update or alter their absent voting arrangements ahead of the election. Because our intention is to facilitate greater participation in our democracy among British citizens living overseas, we cannot accept the amendment.
Fleur Anderson
May I ask a question about potentially putting some aspects of this into secondary legislation? In other countries, overseas electors are able to avail themselves of the opportunity of going to their embassy—or our equivalent, the high commission—in order to post their ballot paper. That might help with some of the short timings, and also with the burden that we are putting on our EROs in local councils here. Have there been any discussions with the Foreign, Commonwealth and Development Office about the use of embassies within this process to enable our overseas voters to vote?
Kemi Badenoch
I have not had a formal conversation with the FCDO, but I have had conversations with officials about what else we could do on the specific point that the hon. Lady has raised. The issue is that not everybody lives near an embassy, so that does not necessarily solve the problem that she has described, but we have tried to solve the problem of registration and making things easier for electoral registration officers in another way. The Bill enables overseas electors to remain registered for longer with an absent vote arrangement in place ahead of the election, so that is a burden that is being taken off the EROs. At the moment, the registration period for overseas electors is one year, so that is what those EROs have to deal with. We will extend that to three years in the Bill. Then, in addition, electors will be able to reapply or refresh their postal absent vote arrangements, as appropriate, at the same time as renewing their registrations. I think those changes will have the effect that Opposition Members want, by reducing the workload on electoral administrators during the busy election period.
Cat Smith
Amendments 85 and 86 are on a report on awareness of overseas electors and a report on the effects of the number of registered electors. These two amendments ask the Government to provide crucial detail about the true impact of clause 10.
Amendment 85 would require the Government to report on levels of awareness among overseas electors about how to participate in UK parliamentary elections before the provisions on overseas electors can come into force. Surveys by the Electoral Commission have demonstrated the widespread lack of awareness about what it means to be an overseas voter and the eligibility criteria necessary to vote. That lack of awareness has no doubt created a significant barrier to casting a ballot.
An Electoral Commission survey found that there was a widespread lack of awareness about eligibility requirements, with 31% of respondents believing that eligibility required receiving a UK state pension and 22% believing that owning a property in the UK was required. Indeed, the Association of Electoral Administrators has previously stated that
“voter education is needed to inform overseas electors about the different ways available to them to cast their ballot.”
Before enfranchising millions more overseas electors, should not the Government focus on ensuring that those people who already have the vote are actually aware of their rights and how to exercise them?
Amendment 86 is tabled in a very similar spirit. It attempts to answer the number of unanswered questions that have resulted from clause 10. It is essential that there is appropriate evaluation and investigation of the effects on our democracy of passing the Bill. We must have a clear idea about the sheer volume of people who we are enfranchising and whether that is likely to impact our finely balanced constituency maps.
The potential introduction of millions of new voters will undoubtedly have consequences for our constituency boundaries—some Members have endured the attentions of the Boundary Commission as well. The number of overseas voters registering to vote has risen exponentially over the past 10 years and it continues to rise. It is estimated that potentially 5 million new voters will be enfranchised, so detailed provision must be put in place as to how those voters will affect current UK constituencies.
As the Minister knows well, the Opposition want a fair boundary system that benefits our democracy and not only the electoral interests of the Conservative party. The spread of new voters across these constituencies and how they will be allocated is crucial, and there must be detailed consideration to prepare for that.
In addition, I wonder whether the Minister has considered the benefits of introducing a separate constituency for overseas electors. On Second Reading of the Overseas Electors Bill in 2017, several Members referenced arrangements in France, where 11 seats in the Assemblée Nationale are reserved for French nationals living overseas, covering different zones of the world outside France and French territories, which of course have their own seats within the Assemblée Nationale. Will the Minister confirm whether any efforts have been made to investigate the potential benefits of overseas constituencies?
Kemi Badenoch
Unlike the previous amendments that we discussed, we are in complete disagreement with these amendments; the Government just do not believe that they are necessary. Amendment 85 would require the Government to produce a report that would unnecessarily delay the implementation of these measures. It is of course important that our fellow citizens are informed of these changes to their rights, and the Government fully intend to play our part in that process, working closely with the Electoral Commission and others. The transitional provisions in the Bill also include a discretionary power that would enable the Government to use the data we hold to promote awareness of the franchise changes around the time that they come into effect. In line with its statutory duties, the Electoral Commission will work on specific communications activity designed to target those overseas residents who have been added to the franchise, to raise awareness of the removal of the 15-year limit and how best to participate in future elections.
Chris Clarkson (Heywood and Middleton) (Con)
I want to pick up on what the shadow Minister said; Government Members have a great deal of regard for her, so this is purely a geeky rhetorical point. On overseas constituencies and the French example, the Third constituency for French residents overseas contains the United Kingdom and has about 85% of its electorate in Greater London. Does the Minister agree that that does not particularly serve the interests of constituents living in, for example, Estonia or northern Greenland, which are in the same constituency, who may not be able to access their Member of Parliament? Those constituents may have closer links with their home constituencies, where family members or friends may live.
Kemi Badenoch
My hon. Friend makes a good point about the complexity of that, which I will touch on later.
We do not agree with amendment 85. We encourage campaigners, parties and interested people of whatever political stripe to play their part in informing British citizens living overseas about these changes and related matters.
Amendment 86 would require a separate report on the impact on constituencies of the number of overseas electors. As my hon. Friend the Member for Heywood and Middleton sort of alluded to, overseas electors come from all corners of the United Kingdom. They will be entitled to register in the last place that they were registered or, if they were never registered, the last place that they were resident, which could be in any constituency. At each boundary review, the four boundary commissions take account of changes to the electorate to ensure a more equal distribution of electors across constituencies. All registered electors, whether domestic or overseas, form part of that electorate and will be part of the calculations for boundary reviews, so we do not need a report to determine whether a review of constituency boundaries is needed; that is already taken into account by the boundary commissions.
The proposed report in amendment 86 also refers to creating new separate overseas constituencies. We do not need a report to know that that is unnecessary and undesirable, not only because we are not French, but because overseas electors will continue to register in constituencies to which they have a significant and demonstrable connection. That constituency link is a cornerstone of our democracy.
On the shadow Minister’s point about effectively establishing an MP solely to represent overseas electors, that would be a significant change to the UK parliamentary system. The French have had it quite possibly even back to colonial times—I seem to recall that there were colonial MPs there; it is something that they have been doing for a very long time—but it would be a significant change to the UK parliamentary system, which would require complex bureaucratic deliberations to decide how many constituencies would be created and then to draw up and maintain those constituency boundaries. Overseas constituencies would also require changes to the way that the electoral administration of voters and conduct of polls is organised in Great Britain, where responsibility lies at local authority level.
The Government’s proposals in the Bill are the product of careful consideration. We want to work well with the Opposition and will continue to work closely with the electoral administration community and relevant stakeholders on the technical aspects of the policy’s implantation. However, the proposed report would not do what the amendment says and would not be a good use of that community’s time and resources.
Cat Smith
I suppose this is the opportunity to respond to the hon. Member for Heywood and Middleton, who picked up on the issue of overseas constituencies being quite large. He gave the example of the northern European constituency in the French Parliament. Many UK constituencies are quite large—not quite as large as that, admittedly, but it would take me an hour and a half to drive from the most easterly to the most westerly point of my constituency.
The Chair
With this it will be convenient to consider that schedule 6 be the Sixth schedule to the Bill.
Kemi Badenoch
Clause 10 and schedule 6 deliver on the Government’s manifesto commitments to make it easier for British expats to vote in parliamentary elections and to get rid of the arbitrary 15-year limit on their voting rights. That will enable greater participation in our democracy among our fellow British citizens living overseas.
The Government believe that the current 15-year limit is arbitrary and anachronistic in an increasingly global and connected world. Most British citizens overseas retain deep ties to the United Kingdom. Many still have family here, some will return here, and many will have a lifetime of hard work in the UK behind them. Some will have fought for our country.
Going forward, any British citizen who has previously registered to vote in the UK or was previously resident in the UK will be able to register as an overseas elector. That sets a reasonable boundary for the overseas elector franchise. Previous registration or residence denotes a strong connection to the UK. Individuals will be eligible to register in respect of one UK address—the last address at which they were registered to vote, or, if they were never registered in the UK, the last address at which they were resident. This approach maximises continuity with the existing registration system, which electors and administrators are familiar with. It puts in place clear rules regarding where persons may register. It will also ensure that overseas electors, like now, have a demonstrable connection to the place where they vote.
As I stated when we were debating amendments 79, 80 and 81, I recognise and share some Opposition concerns, such as those about reducing the opportunities for fraud and for using loopholes. I will work with the hon. Member for Lancaster and Fleetwood and other stakeholders to make sure that we confer these rights properly. I reiterate that the changes will facilitate participation by making it easier for overseas electors to remain on the register, and there will be an absent vote arrangement in place as well.
Clause 10 will extend the registration period for overseas electors from one year to three years. That will be accompanied by a fixed-point renewal cycle, under which all overseas electors’ declarations will expire on the third 1 November after they are made. That three-year cycle aligns with the postal vote renewal measures elsewhere in the Bill, to make it easier for overseas electors to reapply or renew their absent vote arrangements at the same time as renewing their registration. Changes to the registration period and the registration renewal process will benefit not only citizens but electoral administrators by reducing their workload during busy electoral periods.
Finally, the transitional provisions in schedule 6 include a discretionary power that will enable the Government to use the data they hold to promote awareness of the franchise changes around the time when they come into effect.
The Chair
With this it will be convenient to discuss the following:
Government amendments 8 to 20.
That schedule 7 be the Seventh schedule to the Bill.
Government amendment 7.
Kemi Badenoch
Clause 11 and schedule 7, which is associated with it, amend the voting and candidacy rights of European Union citizens. The law as it stands reflects our old obligations under EU law. It grants local voting and candidacy rights automatically to all EU citizens resident in England and Northern Ireland. That extends to Wales for police and crime commissioner elections. Since those rights were granted under freedom of movement rules, no immigration-based eligibility requirements are attached to them. Now that the UK has left the EU, it is no longer appropriate for there to be a continued automatic right to vote in, and to stand in, local elections solely by virtue of being an EU citizen. The concept of the UK participating in joint EU citizenship has ended.
The clause and the associated schedule will remove the automatic granting of rights to EU citizens to vote, to register to vote, and to stand in all levels of council election and referendums in England, Greater London Assembly and mayoral elections, elections for local authority and combined authority mayors in England, council elections in Northern Ireland, and Northern Ireland Assembly elections.
The Government believe that the voting and candidacy rights of EU citizens living here must be considered alongside those of citizens of the UK living in EU member states. The Government’s approach is a sensible one of recognising established rights, while moving to new bilateral agreements with individual nation states in the EU. That ensures we are protecting the rights of British citizens living in EU countries.
To give effect to that intention, the clause and the associated schedule will grant local voting and candidacy rights only to those EU citizens legally resident in the UK who are from countries with which the UK has a voting and candidacy rights treaty. Such treaties will ensure the preservation of voting and candidacy rights for citizens of the UK living in EU member states with which such a treaty has been agreed. We have four such treaties, and we remain open to negotiating with other EU countries.
Over and above that, provisions are included to honour our commitment to respect the rights of those EU citizens who chose to make their home in the UK before our departure from the EU. The relevant provisions preserve the rights of all EU citizens who were resident in the UK at the end of the implementation period and have lawful immigration status to vote and stand in local elections. In line with Home Office policy, specific and limited exceptions are included in the provisions, which relate to the operation of the grace period regulations and the EU settlement scheme.
I draw Members’ attention to part 4 of the schedule, which gives effect to the Government’s public commitment that persons elected to office before the measures come into effect will be enabled to serve their full term in office. Additionally, the Government have tabled minor and technical amendments that do not change the intended scope or effect of the provisions but ensure that they will operate as intended. The Government therefore urge hon. Members to accept the amendments, and to agree that clause 11 stand part and that schedule 7 be the Seventh schedule to the Bill.
Cat Smith
The Labour party strongly believes that all those who are subject to local laws and politics have a claim to political representation. Essentially, anyone who lives in a local area and uses public services should have a say in how they are run. That fits with our arguments on overseas electors. Anyone who has lived outside a country for a substantial amount of time can no longer claim to have such a close connection.
Although the Labour party welcomes efforts to ensure that some UK residents from the EU will retain their voting rights, we do not think that the provisions go far enough. At present, citizens of European Union member states resident in England and Northern Ireland are automatically granted voting and candidacy rights in local elections, Northern Ireland Assembly elections and police and crime commissioner elections by virtue of being EU citizens. The rights granted to EU citizens in the United Kingdom were reciprocated, so that UK citizens living in EU member states were also granted local voting and candidacy rights in their respective countries.
Now that the UK has left the European Union, and with the ending of free movement, the basis for an automatic grant of voting and candidacy rights to a European citizen of course no longer exists. Correspondingly, individual EU member states are now able to set their own rules for local voting rights with reference to resident UK citizens. I put on record that the Labour party would like to see measures to ensure that citizens from countries that already unilaterally grant local electoral rights to British citizens resident there are granted local electoral rights in England and Northern Ireland, regardless of whether the UK has negotiated a bilateral treaty with that country.
Luxembourg citizens resident in the UK can vote in England and Northern Ireland local elections, whereas Dutch citizens cannot, even though British citizens resident in both Luxembourg and the Netherlands have local electoral rights in those countries. Since the Secretary of State already has the power to remove from the list a country that ceases to be party to the relevant bilateral treaty, they should similarly have the power to remove countries from the list when the local electoral rights of British citizens in that country are unilaterally removed.
Although the Labour party welcomes efforts to ensure that some UK residents from the EU retain their voting rights, we do not think that the provisions go far enough. We emphasise that people who live here, who contribute to society in a broader sense than just through paying taxes, and who stand to be affected by the outcomes of any electoral process, should have the right to vote. That principle is already active in UK electoral law as it relates to overseas voters.
Reformed Annual Electoral Registration Canvas
Kemi Badenoch Excerpts(4 years, 6 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
In 2020, the Government brought in changes to the way in which the annual electoral registration canvass is conducted, streamlining a previously outdated and cumbersome process. Reform of the annual canvass is part of the Government’s drive to create a more efficient registration system; make the process clear and simple for citizens; and give electoral registration officers (EROs) more discretion, while maintaining completeness and accuracy of the registers.
The success of the canvass reform is clearly demonstrated by research conducted by the Cabinet Office, which I have today published on gov.uk and deposited in the Library of both Houses. As part of the modern electoral registration programme, the first stage of evaluation of the reformed annual canvass was conducted in 2020 and 2021 through surveys and interviews with EROs and electoral administrators. This research focused in particular on citizen and ERO experiences of the canvass, as well as giving some indication of the impact of canvass reform on completeness and accuracy of the register, and efficiencies in the registration system.
This research clearly shows a major improvement over the pre-reform canvass, with an increase across the board in satisfaction of EROs and administrators in the reformed system, and largely positive impressions from participants regarding the changed processes.
This improvement in satisfaction demonstrates how the Government successfully work with the electoral sector to develop effective policies, and also support the sector with implementation of a programme of change.
The Government worked closely with stakeholders in the electoral sector during the development and implementation of this change, but while reform was welcomed by electoral administrators and the Electoral Commission, it also faced opposition, with some claiming the changes would disenfranchise some electors. These fears have proven to be unfounded, as is often the case with changes to electoral systems.
I note that concerns were previously expressed around the Government’s introduction of individual electoral registration in 2014, and with the decision to hold polls earlier this year during the covid-19 pandemic; both of which subsequently proved successful. Evidence has shown that the individual system drives up registration figures and enhances the accuracy of the registers, and the independent Electoral Commission’s evaluation of the May 21 polls showed that people had high levels of satisfaction with the polls and that the challenges of covid-19 did not stop voters taking part.
Along with the previous introduction of individual electoral registration and the measures in the Elections Bill, this reform of the annual canvass is a further example of the improvements that the Government are making to registration and elections in the UK. This Government are committed to ensuring our democracy is secure, fair, modern and transparent and our electoral system is kept up to date for our age.
[HCWS341]
Elections Bill (Seventh sitting)
Kemi Badenoch ExcerptsTuesday 19th October 2021
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 View all Elections Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 19 October 2021 - (19 Oct 2021)
Fleur Anderson
My hon. Friend makes a very good point. There are many circumstances in which someone might just not have that photographic ID to hand. My children go off, use their photographic ID in a nightclub and do not return with it. There are so many reasons why it might be hard to find that photographic ID. If people find it hard to locate their polling card on the day—I accept that sometimes they do—they will find it even harder to find their photographic ID.
This amendment is so important. The polling card would give people huge reassurance that they will be able to go down and vote. If the amendment is not agreed to, that will be taken away. The amendment is logical and supported by plenty of evidence from the pilot schemes themselves. I urge the Minister to support it.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
If I may, Sir Edward, I want to take time to acknowledge the tragic loss of Sir David Amess. He was a fellow Essex MP to me and my hon. Friend the Member for Castle Point. He was a truly beloved friend and colleague who served both Parliament and Southend West for nearly four decades with dedication and care.
It is particularly poignant that we should be debating the Elections Bill at this point. The act of violence that occurred on Friday was abhorrent. Violence and intimidation cannot be tolerated in any circumstance and must have no place in our public life. No one should feel afraid to participate in our democracy or to represent their community, and tackling intimidation in public life is a top priority for the Government. There are measures in the Bill that seek to introduce a new electoral sanction against anyone found guilty of intimidating a candidate or elected representative, but this is a problem that no one measure alone will address. That sanction is just one part of a much wider effort by the Government to tackle intimidation and violence in public life.
Amendment 54 would allow a voter to use their poll card as a form of identification under the new system being introduced by the Bill. The amendment effectively defeats the purpose of the Bill. We cannot agree to it because the requirement to provide a form of photographic identification is the best way to secure the electoral system against fraud and to stamp out the potential for it to take place at polling stations in elections.
My hon. Friends have made the argument already, but I should also say that when evaluating the security strengths and weaknesses of each pilot model the Electoral Commission found that
“the photo identification only model has the greatest security strengths compared with the other models”.
A poll card can easily be intercepted, particularly for those living in shared accommodation, and so cannot be used as a form of identification. It is simply not secure enough. That is why we are requiring voters to provide photographic identification.
The Chair
Before we continue the debate, I echo what the Minister said on behalf of all members of the Committee about our colleague Sir David Amess. I entered Parliament with him 38 years ago, with over 100 MPs. Many of them rose to great distinction; at least two became Prime Minister. Sadly, there were only three of us left from that intake, and there are now only two. I say to Back-Bench Members that the career of David Amess shows that it is wonderful to be a Member of Parliament and to be a Back Bencher, even for your whole career, so keep campaigning, intervening and talking about the causes that you hold dear.
Kemi Badenoch
The amendment would allow a voter to use a utility bill, a debit or credit card or a birth certificate as a form of identification under the new system being introduced by the Bill. I disagree with the hon. Lady’s arguments. The threshold for picking up parcels should not be the same as for voting, which is far more important.
Patrick Grady
One of the key arguments for introducing the principle of voter identification was that people needed to show ID when they were picking up a parcel from the post office. These are precisely the kinds of identification that people need to pick up a parcel at the post office. I understand the argument that people might go around harvesting poll cards, but is the Minister seriously suggesting that there is a lot of harvesting of bank cards and birth certificates going on that would make these really unreliable forms of identification at a polling station?
Kemi Badenoch
What the hon. Gentleman has said does not negate my argument. We are talking about the threshold and we are talking about photographic identification. All these things might meet the threshold for picking up a parcel, but we are making the threshold for elections tighter than that. I made the same arguments when talking to amendment 54.
Alec Shelbrooke (Elmet and Rothwell) (Con)
We keep hearing this argument about what is going on in America, which is on the other side of the Atlantic.
Is my hon. Friend aware of this point? I would just warn that it is from Wikipedia:
“Netherlands: The registration office of each municipality in the Netherlands maintains a registration of all residents. Every eligible voter receives a personal polling notification by mail some weeks before the election, indicating the polling station of the voter’s precinct. Voters must present their polling notification and a piece of photo ID (passport, identity card, or drivers license (a passport or ID is compulsory from the age of 14)). Such photo ID may be expired by not by more than five years.”
Is an argument constantly focusing on America not slightly trying to muddy the waters?
Kemi Badenoch
I thank my right hon. Friend for that intervention; I was not aware of that information, which is very helpful. It shows that the evidence we have gathered and the basis for the Bill is correct. As I set out in my response to amendment 54 about pilots, photographic identification is by far the most secure method of those piloted and I cannot agree to amendments that seek to weaken that protection.
Fleur Anderson
I beg to move amendment 62, in schedule 1, page 82, line 4, at end insert—
“Reports on voter identification and turnout
35A The Secretary of State must prepare and publish reports on the effect of the voter identification requirements in this Schedule on turnout—
(a) across the electorate,
(b) in minority groups,
(c) among disabled people,
(d) among young people.
35B The Secretary of State must publish a report under paragraph (35B)—
(a) no later than 31 July each year, and
(b) in the 90 days following a general election.”
This is a highly reasonable amendment, which I hope will be supported. I also hope that all hon. Members would want to see the effects and outcomes of what the Bill does. The Secretary of State would be required to prepare and publish reports in a timely fashion on the effect of voter identification requirements in the schedule—in particular those where civil society groups have raised a large amount of concern—so that we can learn the effect of the measures in real time. The amendment would not undermine the fundamentals of the Bill; it just says, “We should report on it and learn from it in a timely fashion.” I hope that it will be accepted.
Kemi Badenoch
We believe that the amendment is unnecessary. The Bill already outlines that there must be three evaluations of the effect of a requirement to show identification on voting, and those will consider the effect of the new policy on electors’ applications for a ballot paper. Committing to further evaluations annually and in perpetuity would be disproportionate and an inappropriate use of taxpayers’ money.
The Government will consider how best to gather information relating to the impact of the policy on all parts of the electorate. Although some data will be collected at polling stations under new rule 40B, and used for evaluations, it is important to note that it would be inappropriate to collect information on protected characteristics at the polling station directly. Electors would not expect to have to answer questions about their race, sexual orientation or gender identity before receiving their ballot and might not feel comfortable doing so. We will consider how best to gather that information without such intrusion.
Patrick Grady
This is a very reasonable request from the Opposition. One of the most robust evidence sessions we had was when we discussed the impact of the Bill on minority groups and people with protected characteristics. I would have thought it would be in the Government’s interests to try to gather evidence to show the minimal impact—or indeed the positive impact—they expect the Bill and the requirement to show voter identification at the polls will have on those groups.
The Labour party makes a perfectly reasonable request. As the Minister said, there is already a certain amount of evaluation built into the Bill; an additional round of evaluation is not going to cause too much difficulty. No one is suggesting that people should be quizzed before the ballot box. There are perfectly acceptable and valid ways to conduct research, at academic or Government level, without having to put people under pressure at the moment they are carrying out their votes. We have seen some of that research already, as some of it was commissioned to help inform the Bill. The Opposition are entitled to make the points they have and can expect our support if they push the matter to a vote.
Kemi Badenoch
Clause 2 is essential to strengthen and improve the current security of the postal ballot. The clause, and associated schedule 2, will require postal voters in Great Britain to make a fresh postal vote application after a maximum of three years of being registered as a postal voter if they want to continue to vote by post at future elections. That is one of a number of measures in the Bill that implement recommendations in the 2016 Pickles report into electoral fraud, and it is needed to address documented weaknesses in the current absent voting arrangements.
The Electoral Commission’s winter tracker for 2021 found that one in five people considers postal voting to be unsafe, and the witnesses who gave evidence to this Committee also highlighted that absent voting can be particularly subject to fraud and abuse. Currently, an elector may have a postal vote on an indefinite basis as long as they provide a signature sample every five years. Requiring an elector to reapply for a postal vote at least every three years will enable the electoral registration officer regularly to assess their application and confirm that they are still an eligible elector. The measure will also ensure that electors’ details are kept up to date and reduce the waste and cost of postal votes being sent to out-of-date addresses, where they may also be vulnerable to fraudulent abuse.
By requiring each postal voter’s signature to be refreshed more frequently, we will also reduce the likelihood of a postal vote being rejected because of the elector’s handwriting changing over time. Further, asking that electors confirm their preferred arrangements at least once during the life of a Parliament provides an opportunity for someone who may have been initially convinced or coerced into having a postal vote to break out of that situation and protect their vote from being stolen.
Existing long-term postal voters will benefit from the transitional provisions in the Bill that allow them to maintain their preferred voting arrangement, and they will have advance notice of the change so that they can prepare ahead of the deadline. Electoral registration officers will be required to send a reminder to existing postal voters in advance of the date that they will cease to have a postal vote and to provide information on how to reapply.
Schedule 2 also provides for postal vote registrations for the maximum period to cease on 31 January in the year in question, which will give electors time to apply for a fresh postal vote ahead of scheduled elections in May that year if they wish to vote by post. For overseas electors, we are aligning the maximum period for which they may hold a postal vote with their registration cycle, and have extended that period so that it may also not exceed three years.
Those safeguards will not only protect against the abuse of postal voting but also, I hope, raise the level of confidence in absent voting so that no one has to feel concerned that their vote could be stolen or abused.
Fleur Anderson
We will vote to remove the requirement for the reapplication for postal voting every three years and return to the status quo of postal votes lasting an indefinite period, because we believe that the requirement is disproportionate, costly and confusing. We strongly oppose moves to force those using a postal vote to reapply.
Clause 2 is another Government provision that has left me scratching my head and very concerned. These pointless changes will make the process of voting more complex and bureaucratic, forcing lifetime postal voters to reapply every three years. The Minister may think that mandating re-registration every three years is making our electoral system more secure from postal vote fraud, but that is mistaken and based on flawed assumptions about where postal vote fraud is happening. It is at variance from what we heard in evidence.
In evidence, we heard about the highly concerning case of postal vote fraud in the 2004 local elections in Birmingham. However, the main concerns raised by the commissioner included the deadline for postal voting packs being close to the election—six working days before—and the lack of checks on whether applications were made by the named voter, which made it difficult to detect fraud. Clause 2 does not address that.
Following that case, the Electoral Commission made a number of recommendations, including using personal identifiers for postal votes, moving the deadline for applications from six to 11 working days before polling day and making falsely applying for a postal vote an offence. The Electoral Administration Act 2006 was passed by the Labour Government in response to criticisms and has addressed a number of those concerns already, including a system of personal identifiers for postal ballots. What is the evidence that clause 2 will address the postal fraud that has been identified in the cases about which we have heard? The measure is not based on good evidence.
The second thing we are deeply concerned about is that the changes will reduce flexibility for voters and risk imposing yet another barrier to voting, which damages our democracy. Ministers should direct their energy towards changes that make voting easier, not putting up barriers. The change will suppress voting and erase the positive improvement in postal voting seen during the pandemic. It is unnecessarily bureaucratic.
We have seen a gradual rise in the use of postal voting over recent years, as an easy and flexible alternative for those who prefer not to visit the polls in person, even more so during the pandemic. In 2001, 1.8 million postal votes were issued; in 2012, 6.3 million; and at the last general election in 2019, 7.3 million postal votes were issued. As has been mentioned, in his review, Lord Pickles concluded that
“the availability of postal voting encourages many legitimate electors to use their vote effectively”.
But forcing people to keep reregistering so frequently—too frequently—could risk disenfranchising people who are not aware until it is too late that the rules are changing and that they need to reapply for their postal vote, when they have only had to do it once before. Changing the rules is confusing.
We oppose moves to change the law to limit who can hand in postal votes at polling stations. That change could create barriers for some voters who genuinely need assistance. My other concern is the sheer cost; as we mentioned, the Cabinet Office’s own impact assessment published with the Bill estimates the cost of the new requirement for postal voters to register every three years rather than five at between £6 million and £15 million. This will cost millions of pounds, and do we even need it? That estimate is in addition to existing costs and is based just on the cost of sending out the additional letters, let alone the extra administration and advertising costs. Can the Minister explain how she will pay for those additional costs?
There is also a capacity issue for local councils. It will inevitably prove hugely burdensome on local authority election teams, who are already overburdened and under-resourced. The Association of Electoral Administrators agrees with that assessment. It believes that reapplying for a postal vote every three years rather than five will bring an “additional burden to Electoral Registration Officers, creating more regular peaks of demand.”
There is the confusion between different election systems in the devolved nations Currently, neither Scotland nor Wales has diverged from existing legislation on postal voting. Postal votes on demand are available indefinitely, as they currently are in England, and signature refreshes are also required every five years. If the current measures in the Bill are approved, a complex, messy system of divergent requirements for different sets of elections will be created. I cannot imagine having to explain that multiple times on the doorstep, and for councils to have to explain that: one local election will be like this, but a general election will be like that. It will be very confusing.
Confusion stops people voting and gets in the way of our democracy. For instance, someone who has chosen to vote by post permanently in Scotland and Wales will be required to reapply every three years for their postal votes for the UK parliamentary elections, and will also separately be required to refresh their signature for postal votes in devolved elections every five years. It will create a huge administrative and bureaucratic nightmare that will be highly confusing for voters, who do not look in as much detail as we do at postal votes and when to sign for them and apply for them. I have yet to hear the Minister’s solution to that, and I hope to hear it now.
The clauses are pointless and arbitrary; they will not achieve what the Government is setting out to achieve. As usual in the Bill, they are disproportionate. There is very little evidence that they are necessary. They will hit the already disenfranchised the hardest. They will cost the taxpayer millions of pounds, pile the pressure on our already overstretched electoral staff and conflict with the frontline service delivery of our local councils. I urge colleagues not to let the clauses stand.
Paul Bristow
I absolutely do. The evidence comes from Peterborough, Tower Hamlets and many other parts of the country. It is not isolated to a handful of local authorities; it is much more widespread than Opposition Members would believe. A lot of the evidence we heard in Committee about fraud—Opposition Members have made this argument time and time again—was that the issue was postal votes. Here is an opportunity to try to do something about it, and I urge hon. Members to support this element of the Bill.
Kemi Badenoch
I will respond briefly to Opposition Members’ points, which can be summarised as, “This new measure is burdensome.” I thought it would be helpful to let the hon. Member for Putney know that any additional costs on local authorities or electoral returning officers relating to these measures would be covered under the new burdens doctrine. She also mentioned administrative burdens on devolved Administrations, and the answer to that is that they could easily align what they are doing with what we are doing if they felt it was overly burdensome on them.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 3
Handling of postal voting documents by political campaigners
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 3 introduces a new criminal offence and bans political campaigners from handling postal voting documents issued to others. This is designed to address activities and behaviour that have been a cause for concern at previous elections. The Pickles report into electoral fraud found that there had been episodes where party activists had used the ploy of canvassing or answering inquiries from voters about completing postal votes to collect or harvest the votes of other postal voters. There is a real risk that voters could be coerced into completing their postal voting statement before handing the ballot paper unmarked to campaigners to be taken away and filled in elsewhere.
The Pickles report also highlighted that concerns have been raised about party activists taking completed ballots and then choosing not to submit them if they are not completed in a way that suits the campaigner’s aims. Clearly, these are very concerning matters and show that there are weaknesses in the current arrangements that have been, and could be again, exploited by persons seeking to undermine the integrity of the electoral system. That is why the Government in their manifesto committed to stopping postal vote harvesting.
The Electoral Commission’s code of conduct for campaigners is clear that campaigners should never touch or handle anyone else’s postal ballot paper.
Kemi Badenoch
However, the code does not have legal force. We believe it is time to put it on a statutory footing, and make it a criminal offence for political campaigners to handle postal votes.
The clause sets out details of the postal vote handling offence and makes the offence a “corrupt practice”. Of course, it is perfectly reasonable that a political campaigner might, like many others, want to offer help to a family member, perhaps offering to drop their household’s completed ballots into the post box. This measure makes provision for that, creating exemptions to the offence where the handler is a listed family member or carer of the postal voter. We do not wish to deny legitimate support, but we must be clear, as the Bill is, that systematic collection of votes is unacceptable. This measure will strengthen the integrity of postal voting and give protection to postal voters from those who would seek to subvert the postal voting process.
Cat Smith
The official Opposition rise to support that clause 3 stand part of the Bill. Indeed, the advice given by the Electoral Commission is also issued by the Labour party to our own activists, in terms of the rules by which we guide our canvassers, campaigners and candidates not to handle postal vote documents from electors when out canvassing. Fraudulently applying or tampering with or using someone else’s vote—postal vote personation—is already a criminal offence in electoral law; and a person convicted of personation or postal voting offences, which are corrupt practices, can be disqualified from standing for and voting in elections for five years. This proposal is in line with the advice that we give our campaigners and activists already, so we will not oppose clause 3.
Cat Smith
That is exactly why prelegislative scrutiny would have been useful. This is about the distinction between political campaigners and voters. There are legitimate reasons why some voters may wish to hand in more than two postal votes at a polling station.
I gave the example of a care home, but equally, in the current context of covid, a family of three may not have posted their postal votes and ask neighbour to deliver them. If two postal votes can be handed in by an individual but three postal votes cannot, and someone turns up with three, how do we know if that third postal vote is an individual postal vote? There are various holes in the legislation. I am putting these questions to the Minister and I hope she will be able to answer them.
For example, with the limit of two postal votes, if someone were to turn up at a polling station with three postal votes to hand in, and they are able to hand in two for other people and one for themselves, how do we know which is which, given that when they are sealed there is no way of identifying whose votes they are? If the person says, “That one is mine. That is my postal vote so I can legitimately hand that in, and these are the two that I can legitimately hand in,” how would a polling clerk know that those were two postal votes that were being handed in on behalf of other people and one that was for that individual, if the envelopes are sealed and there is no way of identifying them? Can the Minister clarify how she envisages a polling clerk can make that assessment?
According to the explanatory notes accompanying the Bill,
“regulations may require a person seeking to hand in a postal voting document to complete a form containing specific information, which the government anticipates would include, among other information, the name(s) of the postal voter(s) whose ballot papers are being handed in. Regulations may make provision to require the “relevant officer” receiving the ballot to reject the document if the person fails to complete the form.”
The Minister will know that, once completed, a postal vote does not have a person’s name on the front of the envelope, for obvious reasons to do with the secrecy of the ballot. How does the Minister see this being enforced or policed? It would be impossible to know if the postal vote being handed in actually belongs to the person recorded on the form.
I leave the Minister with those questions. It would be helpful to have some clarification on these matters, in terms of how the Committee might progress and whether or not to accept this clause as part of the Bill. I draw the distinction between political campaigners, whose actions were the subject of the clause we previously debated and who I believe should be held to rights, and members of the general public, who might be handing in postal votes on behalf of a neighbour or family member, or be a care home worker handing in ballots on behalf of residents of a care home.
Kemi Badenoch
Amendment 69 would require the Secretary of State to conduct a public consultation for at least 28 days before making regulations under the provisions in clause 4 of the Bill. The Government will not be accepting the amendment as we believe it would impose an unnecessary administrative burden.
The Government will be required to consult the Electoral Commission on any regulations made under this clause, followed by parliamentary scrutiny under the affirmative SI procedure, which answers the hon. Lady’s question about further detail. We have had a similar conversation in earlier Bill Committees, but Parliament would naturally want to ensure that any future changes are appropriate and based on contemporary evidence.
We have been working with the Electoral Commission and electoral stakeholders on the issue of handing in postal votes while developing the legislation. We will continue to consider their inputs, and the needs of voters, in the development of the regulations. With the example that the hon. Lady gave about care homes, I do not believe that that is a loophole. Just as we said earlier in terms of political campaigning, we recognise that there are exceptions, and a carer in a care home would fall into that.
The measures in the Bill to tighten up the current arrangements concerning the handling and handing in of postal votes flow from the report by Sir Eric Pickles into his review of electoral fraud. That review took into account views from a range of persons, including academics and policy-makers; electoral administrators and political parties; and people who have found themselves impacted by real examples of fraud. The review’s findings were informed by a wide range of views. Given that, the Government are not able to accept the amendment.
The Chair
It might be a convenient moment for the Minister to make her clause stand part speech now.
Kemi Badenoch
Thank you, Sir Edward. Clause 4 concerns the handing in of postal ballot papers at elections. The clause is closely linked to clause 3, which introduces the new offence banning political campaigners from handling postal votes issued to other persons. Together, these measures address concerns about the harvesting of postal votes and individuals handing in large numbers of postal votes, and reduce opportunities for votes to be stolen.
It will still be permitted for people who are not campaigners to handle and hand in postal voting documents issued to others. However, we believe that it is important to ensure that the arrangements in place governing that process are robust and support the integrity of postal voting. The clause therefore seeks to tighten up the current arrangements concerning the handing in of postal votes. It does so by introducing powers to allow regulations to be made that set out requirements for the handing in of postal votes at elections to returning officers across the UK and at polling stations in Great Britain. That includes setting a limit on the number of postal voters on behalf of whom a person may hand in postal votes, and requiring postal votes to be rejected if not handed in in accordance with the requirements.
We currently envisage that in addition to their own postal vote, an individual will be able to hand in the postal votes of up to two electors, but that will be considered during the process of developing secondary legislation, which I hope the hon. Member for Lancaster and Fleetwood will be most interested in and will contribute to.
I note that currently there is no requirement for a record to be kept of persons who have handed in postal votes or of whom those votes belong to. The clause will allow regulations to require persons handing in postal votes to complete a form giving these details, which will help promote compliance with the new requirements and with investigations of allegations of fraud.
It is right that these reasonable limits are introduced on the handing in of postal votes to ensure that the integrity of postal voting is safeguarded. The clause, and the postal vote handling measure in clause 3, are aimed at addressing activities and behaviour that have been cause for concern at past elections. They will give greater confidence in the integrity of the process by preventing an individual from collecting and handing in unlimited numbers of postal votes on polling day to returning officers at polling stations across Great Britain or at the Electoral Office in Northern Ireland.
Cat Smith
I am glad that the Minister has raised the issue that I will almost certainly be spending many more hours of my life in a Committee Room ironing out how this stuff works in secondary legislation. My frustration is that so much is not on the face of the Bill and will be decided in secondary legislation in Committee corridors, which, as you, Sir Edward, and members of the Committee have pointed out, does not have the same level of scrutiny as it does on the Floor of the House. Indeed, it is very unusual—I do not think it has ever happened—that an Opposition have amended a piece of legislation in an SI Committee or a Bill Committee and it has been accepted by the Government. It seems somewhat reckless to be legislating on the strength of the Bill as it stands, because it does not have the level of detail that we will clearly need.
I am minded to press my amendment to a vote. Picking up on what the Minister said in her opening remarks about its being an unnecessary administrative burden, there is a huge administrative burden on our electoral officials up and down the country, and the Bill will heap a whole load more tasks on electoral returning officers and registration officers in town halls across the country. In the last five years there has been one piece of legislation after another, putting more and more administrative burdens on electoral returning officers.
I think it is fair to say that our local authorities have had their belts tightened. They have had austerity and cuts, and we are asking fewer and fewer people to do more and more. I want to flag my concerns that electoral administrators are under a lot of pressure and that the Bill is putting additional pressure on them. While it is slightly beyond the scope of my amendment, I will be cheeky and say that the Government really need to look at how we resource local authorities as well.
Question put, That the amendment be made.
The Chair
With this it will be convenient to consider that schedule 3 be the Third schedule to the Bill.
Kemi Badenoch
The purpose of the clause and associated schedule 3 is to strength the current arrangements for proxy voting. Currently, someone can act as a proxy for up to two electors and an unlimited number of close relatives in any constituency in a parliamentary election or any electoral area at a local election. That can give rise to situations where an individual can harvest and cast many proxy votes over which they may have inappropriate influence. It may lead to someone being coerced into appointing a proxy who could then effectively steal their vote.
The Bill introduces a new limit of four on the total number of electors for whom a person may act as proxy in UK Parliament elections or local government elections in England. Within this figure of four, no more than two may be domestic electors—that is, electors who are not overseas electors nor service voters. All four may be overseas electors or service voters.
The approach will tighten up the rules on proxy voting while also providing appropriate support for overseas electors and service voters wishing to appoint a proxy. It will be an offence for an elector to appoint a proxy knowing that the person they are selecting as proxy is already appointed as a proxy for the permitted number of electors. An appointed proxy will also be guilty of an offence if they vote as proxy for more than the permitted number of electors.
Of course, these provisions have been developed to ensure that there are no gaps for those already voting by proxy. Under the Bill, there will be transitional provisions for existing proxy voters, so that they will have advance notice of the change. The current proxy voting rules will continue until a date to be specified in secondary legislation. At that point, electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules. Electoral registration officers will be required to send a reminder to existing proxy voters in advance of the date they cease to have a proxy vote, and to provide information on how to reapply for a proxy vote.
The Bill will also amend the eligibility requirements to act as a proxy at elections in Northern Ireland by providing that a person must be registered in a register of electors to be eligible to act as proxy. Currently, a proxy is not required to be registered but must meet age and nationality requirements. That will bring elections in Northern Ireland in line with proxy eligibility in Great Britain.
The measures will reduce the risk of fraud and reassure voters that appropriate safeguards are in place to protect the integrity and fairness of the proxy voter system. The clause will prevent an individual from casting a potentially unlimited number of proxy votes, over which they could have inappropriate influence.
Patrick Grady
I have a couple of questions. The Minister said that it will be an offence if a person knowingly asks to be their proxy someone who already holds the maximum number of proxy votes. How on earth will that be determined? Is there any risk of people being prosecuted when they have, in good faith, asked someone who, whether on purpose or accidentally, is acting in bad faith by securing more proxy votes than the statute allows?
Where did the figure of four come from? Why not three? Why not five? Why not some other figure? What research has the Minister’s Department carried out to determine that four is the optimal and safely manageable number of proxy votes? Is there any evidence that if someone has four proxy votes, they are probably not carrying out personation or any other kind of voter fraud, but if they have five, there is clearly criminal intent, and they must be punished to the full standard of the legislation?
We accept that there is a certain issue around the management of proxy votes, as we heard in evidence, but we need from the Minister a robust defence of the necessity for the provisions. I look forward to hearing that before we determine whether the clause should stand part.
The Chair
Debates would be a lot shorter if Ministers always said that.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Schedule 3 agreed to.
Ordered, That the debate be now adjourned.—(Rebecca Harris.)
Elections Bill (Eighth sitting)
Kemi Badenoch ExcerptsTuesday 19th October 2021
(4 years, 6 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 View all Elections Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 19 October 2021 - (19 Oct 2021)
The Chair
Before we begin, I have a few reminders for the Committee—you heard them this morning, but I am required to repeat them. Could you please switch electronic devices to silent? I encourage all Members to wear masks when they are not speaking, in line with Government guidance and that of the House of Commons Commission. Please also give each other enough space when seated and when entering and leaving the room. Hansard colleagues would appreciate it if Members could email their speaking notes to hansardnotes@parliament.uk.
We now resume line-by-line consideration of the Bill. Members wishing to press a grouped amendment to a Division should indicate when speaking to it that they wish to do so.
Clause 6
Requirement of secrecy
Question proposed, That the clause stand part of the Bill.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
The clause concerns the important issue of the secrecy of the ballot for postal and proxy voters. Its purpose is to extend the requirements in place to protect the secrecy of voting for persons voting in polling stations to those voting by postal vote and proxy voting. This change implements a recommendation in the Pickles report, which found that:
“The secrecy of the ballot is fundamental to the ability of voters to cast their vote freely without pressure to vote a certain way.”
This is an important measure to keep our elections up to date, particularly as the rise of digital communication channels and social media could increase the risk that voters experience undue pressure and are compelled by inappropriate influence to take a photo of their postal ballot to show how they have voted. That goes against the fundamental democratic principle that someone’s vote is personal and secret, and we believe that it is unacceptable.
The measure will prevent a person from seeking to find out or communicate information about someone else’s postal vote, such as how the person has voted. The safeguards will also apply to the postal votes of those acting as a proxy for another elector. Additionally, a proxy will not be permitted to disclose information about how they voted, other than to the elector who appointed them. The existing offence in section 66 of the Representation of the People Act 1983 will apply to anyone who contravenes the new provisions related to postal and proxy votes. Voting by post or a proxy are perfectly valid ways in which an elector can choose to cast their ballot and should be protected by the same level of secrecy as in-person voting.
The clause also makes an important change to the existing requirement for a person who assists a blind voter in a polling station to maintain the secrecy of voting. That requirement will be extended to a person assisting a voter who has another disability or who is unable to read.
Cat Smith (Lancaster and Fleetwood) (Lab)
It is a pleasure to serve under your chairship this afternoon, Ms Ali. Clause 6 extends the requirement of secrecy to proxy and postal votes, which is a right and proper move. It is fundamental.
The Minister raised in her remarks the principle of free and fair elections. There are many principles that we need to adhere to if we are to have free and fair elections, and there are many things we could do in the Bill to extend those free and fair elections that would improve the Bill.
We support clause 6, but we have a couple of questions. Someone photographing a postal vote and perhaps posting it on their Instagram because they are proud of how they voted is very different from someone taking a photograph of their ballot paper because another person is putting pressure on them to prove that they have voted a certain way. Does the Minister agree that those are two very different issues? How might the provisions of the clause be implemented to differentiate between those two examples? There are those who may be pressured to act in a certain way and to photograph their ballot paper to prove it, but I am sure that all Committee members know of party activists who photograph their own ballot papers and post them on Twitter, saying how proud they are to vote for the A. N. Other party candidate in an election. Those are two very different things. Will the Minister highlight how she envisages that they will be differentiated?
Kemi Badenoch
That is an important distinction to make. There are people who inadvertently break the law and those who do it for a different reason. We are trying to prevent failure to maintain secrecy because of undue influence. We will discuss undue influence more generally in the next clause, but this clause ensures that people are not being made to do things that they would not ordinarily do just to prove who they have voted for.
The offence is already in law, so we are not doing something new but extending the offence to postal and proxy votes. We will be carrying on as we are at the moment, but ensuring that the standards for postal and proxy votes are brought up to the same level as those for in-person voting.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7
Undue influence
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider that schedule 4 be the Fourth schedule to the Bill.
Kemi Badenoch
It is a core tenet of our democracy that electors should be able to cast their vote free from interference and intimidation. Although it is already an offence to unduly influence an elector, the legislation has not been substantively updated since the 19th century. In the “Protecting the Debate” public consultation, 100% of respondents agreed that the law on undue influence requires greater clarity. The outdated legislation needs to be updated to provide electors with the protection they deserve.
Clause 7 therefore updates the existing electoral offence of undue influence in section 115 of the 1983 Act. It clarifies the types of activity that amount to undue influence, including physical violence, intimidation, damage to a person’s property or reputation, or deceiving a person in relation to the administration of an election. By broadening the scope of what constitutes elector intimidation for the purposes of undue influence, this measure helps to address the concerns raised by both the Pickles report and the Tower Hamlets election court that undue influence currently
“does not penalise thuggish conduct at polling stations of the sort that occurred in 2014”.
The clause maintains the existing offence’s reference to undue spiritual influence, as recommended by the independent Pickles review on electoral fraud. Given their charisma and authority, some spiritual leaders are uniquely able to abuse a person’s religious convictions to change their voting behaviour. However, I also recognise that a degree of spiritual influence is inherent in all positions of religious or spiritual authority.
Undue behaviour does not include, for example, a religious leader expressing their opinion on political or policy matters that have implications for the principles of that religion. It would also not apply in the case of religious groups for whom not voting is an established doctrinal position. It is only when spiritual influence becomes a form of improper pressure that it amounts to undue influence. I want to emphasise that this clause has been crafted to promote the genuine enjoyment of both the freedoms of religion and expression and the right to vote in elections free from spiritual harm or pressure.
Finally, schedule 4 ensures that if a person is guilty of undue influence in relation to any electoral event anywhere in the UK, the resulting incapacity—a 5-year ban on being elected to or holding certain offices—should apply consistently to elected offices across the UK.
The clause makes undue influence clearer to interpret and enforce, and I therefore urge that the clause and its associated schedule stand part of the Bill.
Cat Smith
I thank the Minister for her remarks and echo the fact that for many of us, our politics and our faith are entwined. Indeed, our faith backgrounds often influence our politics and guide our values, so I am glad for her clarification and remarks.
The report that she highlighted recommended improvements around the existing corrupt practice of undue influence, which is subject to an offence designed to protect electors from malicious interference and intimidation. The main purpose of the clause is to clarify the activities that constitute undue influence in order to make the legislation easier to interpret. For that reason, the Opposition will support it.
We are pleased that Ministers backed away from creating a new offence, given that the existing criminal law is perfectly capable of dealing with intimidation and harassment. The enforcement of the law is the problem, and an update of section 115 of the 1983 Act, which, as the Minister pointed out, originated in the 19th century, is long overdue.
Although we welcome the clause, it is just a small step forward. We are disappointed not to see the comprehensive and joined-up reform of electoral law that is required.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 8
Assistance with voting for persons with disabilities
Kemi Badenoch
Although the Government share the aim of elections being accessible to all voters, we cannot agree to the amendment because it is needlessly prescriptive. I listened carefully to the hon. Gentleman’s arguments, which were not bad ones. I understand what he is saying, but we disagree on what the clause is trying to do.
I emphasise firmly that the principle underpinning the change is to make elections more accessible to a wider range of disabled voters. I welcome the hon. Gentleman’s agreement with the provision to include, for the first time in law, a requirement for returning officers to consider the needs of voters with a wide range of disabilities when providing equipment for polling stations. However, I do not agree with the proposal to keep a piece of specific, prescribed equipment for one subset of disabled voters.
Our experience with prescribing assistive equipment in law is that it can become an obstacle to wider inclusion and innovation more generally. A prescriptive approach in legislation makes changes difficult when better solutions are developed, and it also becomes an impediment to their development. We believe it is better to allow returning officers that flexibility to tailor the equipment they provide to suit the needs of voters in their area.
Fleur Anderson (Putney) (Lab)
Has the Minister been able to meet the RNIB? I have met its representatives and heard their concerns, and we have all seen their written evidence. They discussed their concern about the word “reasonable”, as it will not widen access to means of voting but reduce it because there will be inconsistency: what is deemed reasonable will be different at different polling stations, instead of being consistent for all people. That may mean that instead of access being widened there will actually be nothing.
Kemi Badenoch
I have not personally been able to meet the RNIB, but I believe that officials and possibly my predecessor did—[Interruption.] My officials are confirming that that is the case. We have seen its evidence and we believe that these changes are proportionate. We do not expect the outcomes that the RNIB has outlined to necessarily be the case.
I am a patron of a sight organisation in my constituency called Support 4 Sight, and I have discussed the issue with its representatives. They raised this legislation with me during a surgery and I was able to reassure them. I will be happy to write to the RNIB, as the Bill progresses and as we consider the secondary legislation, to see what other reassurances we can provide for it.
Sorry, I have lost my place in my notes—bear with me just a moment.
Jerome Mayhew
Perhaps the Minister will be interested to learn that one of the pilots for new equipment for people with disabilities—particularly the blind—was undertaken in my constituency. I had a meeting with the chief executive of my local authority to discuss how that pilot went; it was quite small, involving, from memory, seven to 11 people, but the new equipment did seem to voters’ experience. Is the Minister concerned that there will be a dead hand on innovation if we are too prescriptive in the drafting of the clause?
Kemi Badenoch
I do thank my hon. Friend for that intervention—[Laughter.]
As I was saying, it is better to allow returning officers the flexibility to tailor the equipment they provide to suit the needs of voters in their area. The new requirement will also be supported by Electoral Commission guidance, which will be developed in conjunction with organisations representing a wide range of disabled people and will support returning officers to make positive decisions to support disabled electors. Retaining a specific prescriptive requirement is an unnecessary obstacle to inclusion, as I mentioned earlier; it is also a significant challenge for those who administer elections, as I am informed we heard in evidence to the Committee before I took up this post.
I would like to provide a little additional reassurance to the hon. Member for Glasgow North. I understand the problem that he believes he is trying to solve. It is important to emphasise that we are not removing the requirement to support blind and partially sighted voters; we are only changing how that is delivered. The current requirement is too restrictive: providing only a single device is an obstacle to innovation and wider inclusion. Our approach will ensure that the most suitable support is provided at polling stations.
The hon. Member for Putney referred to the RNIB, and I can provide additional reassurance. We are trying to make elections as accessible as possible for all those eligible to vote. That is why, for example, we are removing restrictions on who can act as a companion to support electors with disabilities to cast their votes. For the first time in electoral law, we are also putting in place a broader requirement in respect of equipment at polling stations, and that should help more disabled people.
What we are doing will provide additional accessibility, as I will discuss when I speak to clause 8. We respectfully ask that the amendment be withdrawn.
Cat Smith
I congratulate the hon. Member for Glasgow North on tabling this amendment. It was so good that I tried to table exactly the same amendment a day after him, but he beat me to it, so he is nimble on his feet as well. We share the concerns that he and the RNIB have raised that the Bill weakens protections for blind and partially sighted voters by removing the limited legal protections that used to exist. Removing the requirement to provide tactile voting devices leaves blind and partially sighted voters somewhat to a postcode lottery.
I see where the Minister is coming from, but I disagree. While she sees it as prescriptive and stifling innovation, I see it as providing a baseline for a level playing field. That does not stop returning officers being innovative. Obviously as technology advances we will come across things that will help us to make voting more accessible for people of many disabilities or impairments. The legislation as it stands creates the risk of a postcode lottery with different systems being used in different areas. Although that might open up to innovation, it risks leaving some blind and partially sighted voters without adequate systems in place to help them to vote in secret and independently.
The RNIB has been consistent and has done excellent reports after every major national election outlining just how few blind and partially sighted voters get the opportunity to vote independently and in secret. It is something that I have raised many times over the years and I had higher expectations for the Bill. I am disappointed that clause 8 does not go far enough. We support the general gist of the clause in terms of making voting more accessible for those with disabilities, but it really only scratches the surface of the quite radical action that is needed to make our democracy more accessible to disabled people.
I share the concerns of the disability charity Sense that the Bill could have the dangerous consequence of removing the fundamental principle that electoral staff must enable voters to vote without any need for assistance. Although a broader duty designed to enable all disabled people to vote is a good thing, the wording of the new duty does not carry over the previous requirement to enable voters to vote without any need for assistance. As a result, I think polling stations will not be required to ensure that disabled people can vote independently. I seek the Minister’s clarification on that.