Elections Bill

Debate between Kemi Badenoch and Margaret Greenwood

Consideration of Lords amendments
Wednesday 27th April 2022 Commons Chamber

[Margaret Greenwood (Wirral West) (Lab)]

Does the Minister share the concern raised by Mencap that the introduction of voter ID could result in another barrier to people with a learning disability participating in elections?

[Kemi Badenoch]

The answer is no, we do not share that concern. We have conducted extensive pilots and we recognise that many people are concerned about the Bill, which is why we carried out extensive engagement explaining why there need not be any concerns about additional barriers on voter ID.

We also have the experience of Northern Ireland, where photographic identification has been required since 2003, following its introduction by the last Labour Government after the non-photographic model that had been in place since 1985 was deemed insufficient to stamp out fraud. A free voter card will be available for voters without suitable photographic identification and we are working closely with the Electoral Commission, which will deliver a clear and comprehensive communication campaign on the new requirements. While the list of acceptable identifications in the Bill is wide-ranging, I wish to reassure this House that, should further forms of photo identification become available and be sufficiently secure, the powers in the Bill are such that additional identification can be added or removed as necessary without the need for further primary legislation. For these reasons, the Government cannot support this amendment.

I ask the House to disagree with Lords amendments 22 and 23, which seek to remove clauses 14 and 15 from the Bill. The purpose of clause 14 is to make provision for the introduction of a strategy and policy statement setting out guidance to which the Electoral Commission must have regard in the discharge of its functions. Some parliamentarians have claimed that this duty to have regard to the strategy and policy statement will weaken the commission’s operational independence, which is not correct. This duty will not allow the Government to direct the commission’s decision making, nor will it undermine the commission’s other statutory duties or displace the commission’s need to carry out those other duties. Clause 15 simply expands the role of the Speaker’s Committee on the Electoral Commission and empowers it to examine the commission’s performance of its duty to have regard to the strategy and policy statement.

In the other place, technical amendments to these clauses were made in Committee before the clauses were removed on Report. If this House disagrees with Lords amendment 22, the series of amendments we have proposed to the words so restored to the Bill will reinstate those technical amendments to clause 14. Amendments (c) and (f) to (h) reflect the parliamentary consequences of recent machinery of government changes. The other technical changes to the words so restored to the Bill, amendments (a) and (b), will ensure that the strategy and policy statement must not relate to the devolved functions of the Electoral Commission. Consequently, amendments (d), (e) and (i) provide that Scottish and Welsh Ministers are no longer statutory consultees on the strategy and policy statement. For the reasons I have set out, I ask the House to disagree with Lords amendments 22 and 23 and to agree to amendments (a) to (i) and to the words so restored to the Bill.

Given the strength of feeling, although the Government strongly reject the characterisation that clause 14 will weaken the commission’s operational independence, we have heard the concerns and tabled amendments (a) to (k) in lieu of Lords amendments 22 and 23. Amendment (a) will require the Secretary of State, when preparing a statement, to have regard to the duty placed on the commission by section 145(1) of the Political Parties, Elections and Referendums Act 2000 to monitor and ensure compliance with the rules set out in that Act. Further, the amendment will prohibit the statement from including reference to specific investigatory or enforcement activity. That provides further reassurance on the commission’s operational independence.

On the parliamentary approval procedure in relation to the statement, the Government’s view is that the affirmative resolution procedure will provide both Houses of Parliament with appropriate opportunities to debate and scrutinise the statement in full before determining whether to approve or reject it. However, we have listened to the concerns raised and, to provide further reassurance, the Government tabled amendments (c) to (h), (j) and (k) in lieu of Lords amendments 22 and 23. These amendments provide for enhanced parliamentary scrutiny of a statement that has been subject to statutory consultation under new section 4C of the 2000 Act by providing both Houses with a supplementary opportunity to consider the draft statement and make representations before it is laid for approval. The amendments also make consequential changes to clause 14.

Amendments (b) and (i) in lieu of Lords amendments 22 and 23 will require the Secretary of State to publish a response to the statutory consultation on the statement, and to respond to requests from the Speaker’s Committee on the Electoral Commission for the statement to be revised.

Taken together, these provisions, in addition to those already built into clause 14 relating to parliamentary approval and consultation, should provide significant reassurance to Members of both Houses on the concerns about the strategy and policy statement. In particular, the amendments put beyond doubt the question of whether the statement could be used to unduly influence individual enforcement activity or to give guidance without the Secretary of State considering the commission’s monitoring and compliance duties.

On clause 25, the Government have listened to the concerns raised by parliamentarians and by representatives of civil society organisations in recent meetings. Lords amendment 44 means that any order to remove or vary the description of a category of third-party campaigner can be made only where it gives effect to a recommendation of the Electoral Commission, which will provide a necessary safeguard against any future Government who potentially seek to misuse the clause.

The Government have also carefully considered the concerns relating to clause 27. These measures were not designed to disproportionately affect any particular group. Given the strength of feeling on this issue, the Government tabled Lords amendment 50 to remove the clause from the Bill. I ask the House to support this amendment.

It is standard practice for the Government to conduct post-legislative scrutiny of Acts following Royal Assent, but we took on board the desire to ensure in the legislation that that scrutiny took place. Lords amendment 80 supports the joint aim on both sides of the House that the operation of these measures is assessed following the implementation of the Bill, while ensuring sufficient time has passed and processes are embedded enough for the scrutiny to be meaningful and effective. For these reasons, I commend the amendment to the House.

Lords amendments 1 to 5 make changes to clause 7, narrowing its scope so that the provisions do not unintentionally prevent legitimate campaigning by candidates outside the time that a person completes their postal ballot or legitimate opinion polling activity. Lords amendments 112 to 116 make the same changes in relation to Northern Ireland.

Lords amendments 9 to 12, 45, 64 to 79, 81 to 85, 87, 105 to 110 and 118 to 124 are technical and clarifying amendments. As the House will be aware, the Bill represents an extensive and ambitious portfolio of work in a complex and detailed body of law. The amendments ensure the measures are fit for purpose and operate as intended.

Following extensive engagement with the devolved Administrations in the preparation and drafting of the policy, the Scottish and Welsh Governments unfortunately declined to consent to applying certain measures to devolved polls. It was therefore necessary for the Government to table Lords amendments 6 to 8, 13, 14, 24 to 28, 30 to 33, 37, 38, 40 to 43, 46 to 48, 51 to 63, 88 to 102, 117, 125 and 126 to ensure the measures apply to reserved matters only. I therefore ask the House to agree to these necessary amendments.

Lords amendments 15 to 19 strengthen the provisions in clause 9 that seek to expand the provision for voters with disabilities from a narrow and restrictive provision specific to blind and partially sighted voters to one that supports the needs of a wider range of voters with disabilities, increasing the overall accessibility of our elections. For too long, we have had a requirement in law to provide a single device, which has hindered innovation in this area. We are grateful for the work of Lord Holmes, who worked with both the Government and external organisations to strengthen these measures in the Bill by specifically highlighting the importance of supporting electors’ ability to vote independently and secretly, all while maintaining our policy aim of moving away from a limited prescriptive approach to more flexibility and innovation. These amendments will also enable the support for disabled voters to be monitored effectively through Electoral Commission reporting, and will require in law that there is guidance to promote consistency, for which returning officers must have regard. That guidance will be developed in consultation with organisations representing people with disabilities. For those reasons, I commend the amendments to the House.

The Government also support Lords amendments 20, 21, 103, 104 and 111 tabled by Lord Hayward. These amendments make sensible changes to the rules for candidates standing in elections, which were first raised in this House by my hon. Friend the Member for Bosworth (Dr Evans). Lords amendment 21 will allow candidates the additional option of citing their local authority area on the ballot paper for UK parliamentary elections, as they already can for local elections. That will make it easier for candidates to demonstrate locality while preserving protection for their personal safety. I particularly thank my hon. Friend for raising this topic and I hope he is pleased with that outcome.

Lords amendments 20, 103, 104 and 111 widen the scope of the current provisions concerning the use of commonly used names to allow candidates to include on their nomination paper any name they commonly use as a forename or surname, such as their middle name. This is already facilitated in practice by returning officers, but it is not provided for in existing electoral law, so it is right that the Bill is amended for consistency. I commend these amendments to the House.

Lords amendments 34, 35 and 36, tabled by Baroness Noakes, are technical amendments that bring this clause into line with more standard accounting practices, so I commend them to the House. Finally, Lords amendments 49, 29 and 39 were brought forward in the other House by Lord Hodgson. I am pleased to confirm that the Government are supporting them. They will introduce a duty on the Electoral Commission to produce a statutory code of conduct, providing much-needed certainty for third-party campaigners on how to comply with the rules related to third-party campaigning.