Oral Answers to Questions

Debate between Kemi Badenoch and Patrick Grady

Thursday 2nd May 2024 Commons Chamber

[Kemi Badenoch]

I was delighted to see my hon. Friend visit the opening of Andretti Global’s new facility in Silverstone last month. I wish it luck as it continues its preparations to enter Formula 1. That investment is another vote of confidence in the world-leading innovation that the UK has to offer. Andretti Global will also specifically benefit from the MOU that we have signed with Indiana, which will enhance our trade relationship in key areas, including advanced manufacturing.

[Patrick Grady (Glasgow North) (SNP)]

14. Whether UK wine companies have sought advice from her Department on preparations for producing wine in pint measures under the Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2024.

--- Later in debate ---

[Patrick Grady (Glasgow North) (SNP)]

T1. If she will make a statement on her departmental responsibilities.

[The Secretary of State for Business and Trade (Kemi Badenoch)]

Post Office governance is a priority for the Government, and I have said many times that it is vital that we have the right people leading that organisation. I am therefore pleased to tell the House that, on Wednesday, I announced the appointment of Nigel Railton as its interim chair. Having previously been chief executive of Camelot, Nigel brings a wealth of experience of transforming organisations, and I am confident that he is the right person to lead the Post Office through this period. Nigel Railton will take up his post as soon as possible, and will be invited to give Ministers his views on the future direction of the Post Office in due course.

[Patrick Grady]

When will the Government admit that their Brexit dream of people quaffing pints of wine and invoking the spirit of Churchill was always a fantasy, and that the reality is, in fact, a Brexit nightmare of border checks, reduced consumer choice and business closures?

[Kemi Badenoch]

It is nonsense to say that this reduces consumer choice; it actually increases consumer choice. I cannot imagine why anyone would be complaining about the sale of pints of wine. If the hon. Gentleman does not like them, he does not have to buy them.

Oral Answers to Questions

Debate between Kemi Badenoch and Patrick Grady

Wednesday 13th December 2023 Commons Chamber

[Kemi Badenoch]

I thank the hon. Lady for her question. Yes, we will. We have raised the reports of sexual violence attacks on 7 October with UN Women and with the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. I will make sure that we continue to do this and to impress upon international organisations that the whole world needs to respond to this.

[Patrick Grady (Glasgow North) (SNP)]

5. What recent discussions she has had with Cabinet colleagues on the potential for biases in artificial intelligence technologies in relation to people with protected characteristics.

Oral Answers to Questions

Debate between Kemi Badenoch and Patrick Grady

Thursday 14th September 2023 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

Ministers have spent the past hour or so telling us, in the face of overwhelmingly contrary evidence, that Brexit is just the most wonderfullest thing ever to have happened in the history of the entire universe. Will the Secretary of State level up with us for a minute and tell us whether there is anything at all about Brexit that she finds regrettable, disappointing or frustrating?

[Kemi Badenoch]

The hon. Gentleman is right—there is one thing that I find regrettable, and it is the fact that he continues to bang on and on about this even after the rest of the world has moved on post the referendum. The fact is that we have left the EU and we are not going back into it—certainly not under the terms that would require us to do so. He should be focusing on the benefits of Brexit, such as having more control over our laws, our borders and our money, as well as being able to deregulate, including through our smarter regulation programme. If he looked at that, there might be opportunities he could deliver for the people of Scotland.

Oral Answers to Questions

Debate between Kemi Badenoch and Patrick Grady

Thursday 29th June 2023 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

1. What discussions she has had with (a) Cabinet colleagues and (b) the Scottish Government on promoting Scottish trade and culture overseas.

[The Secretary of State for Business and Trade (Kemi Badenoch)]

I regularly discuss with my Cabinet colleagues promoting trade in Scotland as well as the United Kingdom as a whole. Just this week I chaired a meeting of the Board of Trade that focused on trade promotion across the nations, and held discussions, alongside the Secretary of State for Scotland, on ensuring that the Department’s work delivers for the whole UK.

[Patrick Grady]

That sounds just wonderful, but I would like to know how the Secretary of State thinks ending freedom of movement has helped to promote Scottish trade and culture overseas. Does she think it is a good thing that musicians in Glasgow North now find it much more difficult to tour in Europe—one of the most important markets for traditional Scottish music nowadays —and that their merchandise can no longer be manufactured in Scotland but must be manufactured in the countries to which they are travelling because the customs costs have become so prohibitive?

[Kemi Badenoch]

I welcome the hon. Gentleman’s early-morning snarkiness as he asks about what we are doing for Scotland. We understand that there are issues that people have across borders, and my Department works closely with musicians and with all those who trade across borders to see what we can do to resolve those issues. If there are specific cases in the hon. Gentleman’s constituency, the Department is well placed to help his constituents with the issues he has described.

--- Later in debate ---

[Kemi Badenoch]

The hon. Gentleman raises a very good point. He is right that we need to make sure there is resilience across the sector, and I think our regulators are best placed to do that. They are carrying out a number of reviews at the moment, and I and colleagues across Government are working closely with them.

[Patrick Grady (Glasgow North) (SNP)]

The Secretary of State earlier told my hon. Friend the Member for Gordon (Richard Thomson) that she did not accept that Brexit was having a negative impact on the Scottish seafood industry. It is a bit like saying she does not accept that the earth is round—although, admittedly, sometimes people on her Back Benches need to be persuaded of that. If she does not think that Brexit is having a negative impact on the Scottish seafood industry, does she think it has been positive, or does she think there has not been any change at all?

[Kemi Badenoch]

The hon. Gentleman is entitled to his opinion, as I am entitled to mine. He has done absolutely nothing except try to re-litigate Brexit over and over again. The fact is that we are not going back into the EU. We are using our independent trade policy, negotiating with countries around the world and delivering more for the UK as well as for Scotland. Scottish businesses are happy with what we are doing, and in particular they are happy that the grown-ups in Westminster have stopped them making the catastrophic decisions that are destroying the internal market.

Oral Answers to Questions

Debate between Kemi Badenoch and Patrick Grady

Thursday 23rd March 2023 Commons Chamber

[Kemi Badenoch]

The hon. Gentleman is right that we want universities to become more entrepreneurial. We had fantastic work at Oxford University with AstraZeneca. Many of them are doing quite well. I am keen to hear his suggestions of what I can do to encourage universities. The Secretary of State for Science, Innovation and Technology is working on this issue, but from a business perspective, we want to ensure that we are continuing to facilitate relationships with both businesses and universities, especially in clusters where universities are essential to the local economy.

[Patrick Grady (Glasgow North) (SNP)]

Why is the Secretary of State perpetuating the myth that the Retained EU Law (Revocation and Reform) Bill is a good thing, necessary or going to receive Royal Assent in anything like the shape in which it was first presented to this House? What is the target date for Royal Assent? Should she not prepare now to drop the thing entirely?

[Kemi Badenoch]

No.

Oral Answers to Questions

Debate between Kemi Badenoch and Patrick Grady

Thursday 3rd November 2022 Commons Chamber

[Kemi Badenoch]

I was at the NFU’s dairy export summit yesterday as part of my activities for International Trade Week and Back British Farming Day. My right hon. Friend will be pleased to know that this country’s dairy exports are increasing. I spoke to many businesses at the summit and they want information on exporting. There is a huge gap in knowledge on how to export, and that is one of the areas on which we want to provide additional information to support farmers.

[Patrick Grady (Glasgow North) (Ind)]

I regularly hear from constituents in Glasgow North who are concerned that the Tories’ desperation for trade deals will lead to a race to the bottom on food standards. Can Ministers guarantee that there will be no chlorine-washed chicken or hormone-fed beef on supermarket shelves in Glasgow North as a result of Tory trade deals?

Elections Bill

Debate between Kemi Badenoch and Patrick Grady

Report stage
Monday 17th January 2022 Commons Chamber

[Kemi Badenoch]

We had multiple discussions on EU citizenship when we debated Brexit legislation. These are technical amendments to City of London voting rights, and some relate to the business franchise as well, so the hon. Lady’s remarks are not relevant to this piece of legislation.

Amendment 117 is a minor technical amendment that corrects an oversight in the drafting and makes no changes to the effect or scope of the Bill. It reinserts a cross-reference to the definition of “qualifying Commonwealth citizen” in section 79 of the Local Government Act 1972. This will prevent any ambiguity and will ensure a common understanding of the term in this instance.

The technical amendments to the digital imprints provisions will ensure that the new regime clearly delivers the policy intent. On new clause 12 and related consequential amendments, it was always the policy intention for the enforcement of digital imprints to broadly mirror the enforcement of the print regime. Since introduction, we have identified that, although certain types of material were already included in the provisions for unpaid material, it was not sufficiently clear that they were captured in the provisions for paid-for materials and, as drafted, would not fall to be enforced by the Electoral Commission.

The amendments will ensure that the enforcement responsibilities of the police and the Electoral Commission can be correctly assigned and are consistent across all material. That will enable the commission, in practice, to enforce material about registered parties and referendums, as well as material about categories of candidates, future candidates and holders of elected office. That is broadly in line with the existing split of responsibilities between the enforcement authorities in the print regime. There may be a degree of overlap between material about categories of candidates, future candidates and holders of elected office, and material that is about more than one particular candidate, future candidate or holder of elected office. In these instances, it is for the authorities to establish, based on the particular facts, where the enforcement responsibility lies.

These amendments will make the provisions easier for campaigners to understand and for the authorities to enforce, while delivering a regime that provides transparency for voters across a wide range of campaigning material. The amendments will also clarify that no electronic campaigning material, be it paid or unpaid, needs to make express mention of the candidate, party, future candidate, elected office holder or outcome of the referendum it relates to in order to be in scope of the regime. By clarifying that, the amendments will remove any uncertainty.

The remaining Government amendments to the digital imprints clauses are, again, small technical clarifications. Amendment 20 amends the definitions of candidates, future candidates and elected office holders so as to include those of municipal elections in the City of London, ensuring that a consistent approach is applied to the transparency of unpaid electronic and printed campaign material.

Amendment 25 simply clarifies that the imprint rules will apply only to unpaid material wholly or mainly related to referendums when published during the referendum period. That ensures that the regime takes a proportionate approach, providing transparency around material when it is most likely to be shared and therefore influence the outcome of a referendum.

Finally, I will turn to the last set of amendments relating to the measures in the Bill on the Electoral Commission. Amendments 13 to 15 seek to future-proof the appointment mechanism of Ministers to the Speaker’s Committee on the Electoral Commission. As currently drafted, clause 15 enables a Minister of the Crown with responsibilities for the constitution appointed by the Prime Minister to deputise for the Secretary of State for Levelling Up, Housing and Communities, following the Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021. Several transfer of functions orders have been needed over recent years to ensure appropriate Government membership of the Speaker’s committee. It is an unnecessarily burdensome process that could be avoided by future-proofing these provisions against future machinery of government changes or changes in ministerial responsibilities.

[Patrick Grady (Glasgow North) (SNP)]

Does this slew of technical amendments relating to machinery of government changes reflect the increasingly kleptocratic and nepotistic nature of this Government? Subject portfolios are handed to Ministers largely on the basis of who they are, rather than on the good functioning of government. Can the Minister give us an example of any other Government anywhere in the world under which elections and the constitution are managed by the same Department as housing policy?

[Kemi Badenoch]

I think the hon. Gentleman may be confused as to the reasons why we are making this change. We have had several transfer of functions orders to ensure that we minimise disruption due to the wording around the membership of the Speaker’s committee.

We propose to amend clause 15 so that the Minister of the Crown appointed to exercise concurrent membership of the Speaker’s committee with the Secretary of State does not have to have specific responsibilities in relation to the constitution, or any other portfolio, in order to be appointable. These amendments will not amend the overall Government membership of the committee because, as is currently the case, the Secretary of State and the Minister would not be able to attend committee meetings jointly and deputisation would not be available to the other Government member of the Speaker’s committee.

Additionally, amendments have been tabled to update the Bill to reflect the recent machinery of government change. On 8 December, elections policy was formally transferred from the Cabinet Office to the Department for Levelling Up, Housing and Communities. Some provisions in parts 5, 6 and 7, and in certain schedules to the Bill, currently refer to “the Minister”. That is defined in clause 60 as meaning the Secretary of State or the Minister for the Cabinet Office. In order to bring the Bill into line with the new allocation of responsibilities within Government, these amendments replace those references so that they refer only to the Secretary of State. I urge the House to support these practical amendments.

Elections Bill (Twelfth sitting)

Debate between Kemi Badenoch and Patrick Grady

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[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]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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)

Debate between Kemi Badenoch and Patrick Grady

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[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.

--- Later in debate ---

[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.

[Patrick Grady]

And in 2019?

[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.

--- Later in debate ---

[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

--- Later in debate ---

[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.

Elections Bill (Tenth sitting)

Debate between Kemi Badenoch and Patrick Grady

Committee stage
Thursday 21st October 2021 Public Bill Committees

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

Elections Bill (Ninth sitting)

Debate between Kemi Badenoch and Patrick Grady

Committee stage
Thursday 21st October 2021 Public Bill Committees

[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.

Elections Bill (Seventh sitting)

Debate between Kemi Badenoch and Patrick Grady

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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]

Does the Minister wish to reply?

Elections Bill (Sixth sitting)

Debate between Kemi Badenoch and Patrick Grady

Committee stage
Wednesday 22nd September 2021 Public Bill Committees

[Kemi Badenoch]

Amendment 44 would ensure that any regulations made under proposed new sections 13BD or 13BE to the Representation of the People Act 1983 would first require a public consultation period of at least 28 days. The powers in those sections are for setting out the form of the voter card and the anonymous elector’s document, and the processes for both applying for them and issuing them.

We cannot agree to the amendment; it is an unnecessary administrative burden. Any regulations made under the new sections will be subject to consultation with the Electoral Commission, followed by significant parliamentary scrutiny under the affirmative statutory instrument procedure. Parliament would naturally want to ensure that any future changes are appropriate and based on contemporary evidence. Given the feisty debate that we have had—[Laughter.] The hon. Member for Glasgow North is laughing, but the fact is that we are having a lot of scrutiny on this Bill. We cannot pretend that we are not, and everyone can see that MPs are pleased to scrutinise this issue more than many others.

[Patrick Grady]

I was particularly amused by the notion that affirmative instruments are subject to detailed scrutiny. Anyone with experience of the SI process in this House could see that comment in the wider context in which it should be judged, and that provoked my laughter. The reality is that the Government rely increasingly on these kinds of statutory instruments and secondary legislation regulations, partly because they do not seem to have done their homework in preparing the primary legislation and precisely because they want to avoid the kind of scrutiny that the hon. Member for Lancaster and Fleetwood talked about—the opportunity for smaller parties who are not represented on Delegated Legislation Committees to have their say and the opportunity to amend regulations introduced in statutory instruments. This speaks to the power grab at the heart of the Bill, no matter what the purported purposes of it are.

[Kemi Badenoch]

I thank the hon. Gentleman for that intervention. If he feels there are issues with the SI process, he should take it up with the Procedure Committee, but I am sure I have sat in a room just like this one when he has been keen to get out to have his lunch. I think that for those of us—

--- Later in debate ---

[Kemi Badenoch]

Exactly—that is the point I was coming to. As the amendment is drafted, it could be a way in a marginal election of unduly delaying the announcement of a result. We want to ensure that people do not have their votes taken away and used by others who should not be using them. The examples we saw in Tower Hamlets and so on are part of the reason for the Bill.

[Patrick Grady]

Will the Minister give way?

[Kemi Badenoch]

No, I need to make progress—I am looking at the time.

The examples that we gave show why the Bill is needed, and that is not what the amendment would do. It would create an unnecessary administrative process. The focus of the Bill is on ensuring that everyone who is eligible and wants to cast their ballot in person can do so. We are talking about a situation in which someone does not have any photographic identification or a voter ID card, but puts in a provisional ballot only to disappear for who knows how long. Someone refused a ballot paper because they do not produce a required form of photographic identification may try again. If they return with identification, they will get a ballot, and they may make any number of attempts to do so.

[Patrick Grady]

That does not answer the point that I made on Second Reading and earlier today about what happens if a voter turns up too late in the process, say about quarter to 10 at night, at the last minute, but realises that they have left their photographic identification at home. By the time they get back, they might not be able to get inside to cast their ballot. This nonsense of, “How long would it take?”, could perhaps be addressed in regulations, as that seems to be the Minister’s solution to most of our other problems and questions. Or, if she does not like the competency or the wording of the amendment, is she suggesting that she would be open to a more clearly prescriptive amendment to address some of the points on Report? Perhaps that will be tabled and the Government will consider it at that stage.

[Kemi Badenoch]

I do not think that the hon. Gentleman has improved his argument by saying that we should not have the legislation because someone might turn up with five minutes left and something could wrong. We do not say that border control should not look at passports because someone might have left theirs at home, so might miss their flight.

The hon. Gentleman’s argument is, I am afraid, weak. We are improving and strengthening the process. There will of course be scenarios that are unpreventable. We have all seen them before, when someone is unable to vote. One of those scenarios, I repeat, is when someone tries to vote and their vote has been taken by someone else. The Bill will fix that, and the amendment would not help.

Points were made about what happens when people change their names. An elector who has changed their name since their photographic identification was issued will be able to bring additional documentation to polling stations to satisfy the presiding officer that they are on the register. The amendment would lead to the creation of an entirely new concept of a provisional vote that would be new to UK elections. It would therefore not be a straightforward process. That could impact on the result being announced in good time, as I have already said, potentially undermining public confidence in the outcome of the poll—something that we cannot have. We are therefore not persuaded of the merits of the arguments or the proposed changes, and we would be concerned about the potential harm they could do to the successful delivery of elections. I urge the hon. Member for Lancaster and Fleetwood to withdraw the amendment.

Public Health England Review: Covid-19 Disparities

Debate between Kemi Badenoch and Patrick Grady

Thursday 4th June 2020 Commons Chamber

[Kemi Badenoch]

Yes, my hon. Friend is absolutely right. We need to look at a whole range of areas. I go back to what I said earlier about this being not the end of the review process but the beginning. I urge Members from all parties, if there are areas that they want us to look at, to please write to me so that we can make sure that we include them.

[Patrick Grady (Glasgow North) (SNP)]

Does the Minister not understand that “no recourse to public funds” reinforces the various structural inequalities that the Black Lives Matter campaign is trying to call out? It is not leaving my constituents looking for mortgage holidays; it is leaving them destitute. That is not just unequal; it is inhumane. So will the Government please review this situation and allow people to get the support that they so desperately need?

[Kemi Badenoch]

I will repeat the point I made earlier: we should not conflate black people with people who do not have any recourse to public funds. It is a very—I am not going to say the words “disingenuous argument”, Mr Speaker, but I do think that this is something that we need to be very clear about and not muddy the waters in terms of what is going on.

Oral Answers to Questions

Debate between Kemi Badenoch and Patrick Grady

Wednesday 6th May 2020 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

What recent discussions she has had with Cabinet colleagues on the potential merits for social equality of introducing a universal basic income.

[The Minister for Equalities (Kemi Badenoch)]

A universal basic income is not the best way to deliver social equality because it is not targeted at those who need it most. In response to the covid-19 outbreak, the Government set out a substantial package of targeted measures to provide support to people affected by the coronavirus, which can be delivered quickly and effectively through existing systems.

[Patrick Grady [V]]

The issue is, though, that people are still falling through the cracks. Does the Minister not accept that, from an equalities perspective, the best way to stop that is to take a universal approach? That is why the First Minister of Scotland has said that, increasingly, a universal basic income is an idea whose time has come. Instead of rejecting it out of hand, will the Government not consult with devolved Administrations, the relevant all-party parliamentary group and other interested expert organisations to see how a guaranteed minimum income could be made to work?

[Kemi Badenoch]

I am afraid that we disagree on this issue. While we are happy to continue the debate, the fact is that flat-rate payments make no allowance for additional help to cope with variable essential living costs, and fail to target those who need support, such as disabled people and lone parents. This universal way of providing support is not going to work well within our existing welfare system.