Representation of the People Bill

Kevin Bonavia Excerpts
Monday 2nd March 2026

(1 day, 10 hours ago)

Commons Chamber
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James Cleverly Portrait Sir James Cleverly
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I need to make some progress, otherwise I will be told off by Madam Deputy Speaker.

Integrity is not just about integrity at the door of the polling station. At the time of the recent Gorton and Denton by-election, Democracy Volunteers reported widespread breaches of ballot secrecy. Parliament strengthened the protections for ballot secrecy through the Ballot Secrecy Act 2023—and this is not “family voting”; it is breaking the law. If polling station staff do not intervene when a voter is directed by another inside the polling booth, if secrecy signs are missing, if offences are ignored, the problem is not an absence of legislation, but a failure to enforce the legislation. The vote belongs to the individual—not to that person’s husband, not to that person’s brother, and not to a community leader—and no cultural practice overrides the secrecy of the ballot box in this country.

The Secretary of State mentioned artificial intelligence and deepfakes. He was right to say that we are entering a new era, and we support the idea of digital imprints. The rules exist, but the technology is moving fast. We would support and are happy to engage with sensible, proportionate measures to ensure that AI-generated political material is clearly labelled and subject to transparency as a requirement, but that work should be done carefully and in consultation. Again, this is exactly the kind of issue that would benefit from cross-party engagement.

The centrepiece of the Bill—its big sales point—is the lowering of the voting age from 18 to 16. Both domestically and internationally, through the Children Act 1989 and the United Nations convention on the rights of the child respectively, we define 16 and 17-year-olds as children, so allowing votes at 16 can only logically be explained in one of two ways.

Kevin Bonavia Portrait Kevin Bonavia (Stevenage) (Lab)
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Will the right hon. Gentleman give way on that point?

James Cleverly Portrait Sir James Cleverly
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Well, let me at least make the point! I can see that the hon. Gentleman is itching. Calm; calm; calm.

Either the Government are intending to give votes to children, or the Government want to redefine 16 and 17-year-olds as “not children”. Now I will give way.

Kevin Bonavia Portrait Kevin Bonavia
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We have just heard the Conservative definitions of a child and an adult, but according to the law in this country, there is no single definition. The age of criminal responsibility in England and Wales is 10, the driving age in this country is 17, and the voting age has gone down over the decades. Surely we should be thinking about what it means to be able to vote. By bringing the voting age down to 16, we are bringing that to people who have the capacity to vote and who actually will vote. There is also evidence out there that 16-year-olds voting in Scotland are more likely to carry on voting. Does the right hon. Gentleman not agree that that will be of benefit to our country—to the United Kingdom as a whole?

James Cleverly Portrait Sir James Cleverly
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The hon. Gentleman is factually wrong. We do have a legal definition of childhood, and there is an international definition of childhood. The Children Act defines 16 and 17-year-olds in the UK as children. The UN convention on the rights of the child defines 16 and 17-year-olds as children. So I ask again, do the Government plan to define this as giving votes to children, or are they now saying that 16 and 17-year-olds are not children?

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James Cleverly Portrait Sir James Cleverly
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I have tried on a number of occasions, but I have not received an answer either the Benches opposite or from the Benches to my left.

Kevin Bonavia Portrait Kevin Bonavia
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rose—

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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Order. The shadow Secretary of State is not giving way.

James Cleverly Portrait Sir James Cleverly
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As the hon. Gentleman knows, I respect him enormously, but there are a number of other points that I want to make. If he thinks he can answer the question that I have posed, let him do so. OK, here we go.

Kevin Bonavia Portrait Kevin Bonavia
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The shadow Secretary of State has asked, on a number of occasions, whether we agree with his so-called legal definition. The legal definition is always for the purposes of the law for which it is intended, so the Children Act definition is for the purposes of that Act, and what we are debating today is for the purposes of voting.

James Cleverly Portrait Sir James Cleverly
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I take it from his intervention that the hon. Gentleman is now saying that 16 and 17-year-olds are not children. Is that his point?

I have tried to squeeze the logical underpinning of this proposal out of the Government, but I have not been able to do so, because I do not think they know what it is. If the Government are going to make the case for giving the vote to children, why 16-year-old children? Why not 15-year-old children? The Secretary of State chuckles, but why not 15-year-old children? The argument is that 16-year-olds have a longer stake in society, but if that is true of 16-year-olds it is, by definition, more true of 15-year-olds—and why not 14-year-olds, or 13-year-olds? Will he take up the proposal of Professor David Runciman of Cambridge University and give votes to six-year-olds?

As a society, we do not confer legal adulthood on children, and the law reflects that. Sixteen and 17-year-olds cannot buy alcohol. They cannot buy cigarettes and vapes. They cannot stand for election to this House or, indeed, to other statutory representative bodies. They cannot legally place bets. They cannot marry in England and Wales. They cannot join the armed forces without parental consent. They cannot go to war. They cannot consume pornography, and rightly so.

If the Secretary of State and his Government now believe that 16-year-olds should in fact be of civic and legal adulthood, they should simply say so and put in place the legislative changes to bring consistency to the statute book. Good luck to him if he wants to make the case for 16 and 17-year-olds to have the rights laid out in the list that I have just given. If the Government do not feel that 16 and 17-year-olds should have those full rights and responsibilities, this change appears to be selective at best and cynical at worst. Such a fundamental alteration to the franchise for UK elections should rest on broad consensus and careful reasoning.

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David Simmonds Portrait David Simmonds (Ruislip, Northwood and Pinner) (Con)
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This has been a wide-ranging debate, some of which has focused on the generalities of our electoral system. Some Members may have forgotten that we had a referendum on the alternative voting system not so long ago, and the British people delivered a very clear verdict in favour of the existing system.

Let me be clear: the official Opposition will seek to work constructively with the Government, because although we recognise that the Bill contains significant deficiencies and areas of contention, we all acknowledge that our democracy is under a degree of pressure. A number of Members from across the House gave clear examples of foreign interference, for example. Our security services have presented clear evidence of its impact on political discourse in our country. On a day like today, when the Prime Minister has made a statement about events in Iran, and we acknowledge the history and the evidence of Iran’s interference in our democracy, it is particularly important that we are united in seeking to ensure the integrity of our electoral system.

Let me set out briefly the shortcomings that we will seek to address by working closely with the Government in Committee. We will do so following a period that has, to a degree, undermined voter confidence that the Government have their backs when it comes to ensuring that local authority elections go ahead. For example, I spent part of my evening in Westminster Hall, opposite the Minister for Local Government and Homelessness, the hon. Member for Birkenhead (Alison McGovern), dealing with a debate about the cancellation of elections.

The first key point relates to the Government’s inconsistent position on the age of majority. Members from across the House offered evidence on why the ages of 16 or 18 were appropriate, but the Government recently voted within their own internal party processes to determine that an officer of a Labour local association must be at least 18—a measure supported and championed by the right hon. Member for Ashton-under-Lyne (Angela Rayner). We acknowledge in that small way, and in much larger ones mentioned by Members, that there must be a degree of consistency about the process, so that—[Interruption.] Members talk about being a taxpayer. People pay taxes in this country from birth, if they have sufficient income to pay it. It is not something that happens only when they turn 16 and gain their national insurance number. We take all kinds of different decisions as we reach different ages of maturity. This Government—and indeed previous ones—have tended to err on the side of caution, given the risks that we have identified. We must ensure consistency, so that the age of majority means something in our country.

A number of Members from across the House mentioned dark money and its influence on elections. I very much acknowledge those points, particularly in relation to cryptocurrency. Those who know about electoral history will recall the famous KGB gold that funded the Communist Party of Great Britain during the cold war. We know that there needs to be an acknowledgment that the world has changed. As well as potential economic benefits, crypto offers an opportunity for undue, inappropriate and potentially unlawful influence on our democracy. The Bill currently says nothing about that risk, but we must have appropriate and robust defences in place against it.

Let me touch a little more on the issue of foreign interference more generally. A number of Members referred to the situation with Iran. We remain concerned that the Government have still not added China to the foreign influence registration scheme—FIRS—despite the fact that the Electoral Commission’s recent report described how China-linked organisations had hacked the UK electoral roll, which could have enabled them to influence our electoral processes on a large scale. We hope that amendments tabled in Committee—either by the Government or by the Opposition—will address that concern.

We remain concerned about failings in the Bill arising from a lack of consultation. When Governments have sought to change electoral law or to introduce new guidance, there has been a high level of engagement among political parties, parliamentary authorities and other stakeholders whose direct experience and international research can feed into processes that make the integrity of our electoral system greater. Clearly, this legislation has landed without that level of due consultation. In particular, the Government appear not to have consulted the Venice Commission, the international body that provides advice on electoral practice, which was certainly an organisation that we consulted on matters such as the use of electoral ID when in government. Given the importance that this Government place on international law, I would have expected that they would at least have engaged with that organisation and sought its advice before bringing some of these measures forward.

On the debate about the impact of auto-enrolment, we know from the experience in Wales, where this was piloted, that following the audits of that—the door-to-door canvassing of real voters—more than 16,000 people had to be taken off that electoral register because they had been incorrectly placed on it. Clearly, to fulfil the expectation of Members across this House, we need to ensure that we have a canvass of the voters that is accurate and that contains the names of people who are entitled to take part under our laws in our democracy, but that does not open the door to interference of any kind that would undermine the confidence that people should have.

The right hon. Member for Islington North (Jeremy Corbyn) raised the important question of how people who are homeless can have the opportunity to participate in our democracy, which also has the corollary question of how we can ensure that people are exercising their democratic vote once, and that the law contains appropriate measures to manage those risks.

Finally, on the point that the Government have made about the use of bank cards as a means of identification, we remain very concerned that there are many banks and organisations offering a no-ID account—all of us will have seen them on the local transport networks—and the ability to get a bank card without any identification requirement at all, specifically marketed at people who do not have the ability to demonstrate their connections to the UK. While that is useful in terms of the ability to pay bills and pay to access public transport, given that we place such a high value on the integrity of our electoral system, we must have appropriate measures in place to ensure that those who are voting have the right to do so.

Kevin Bonavia Portrait Kevin Bonavia
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Does the shadow Minister not accept that the crime of impersonation is vanishingly small in this country, so what problem is he actually trying to fix? [Interruption.]

David Simmonds Portrait David Simmonds
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I can hear voices challenging that, asking, “So a little bit of crime is okay?” We need to recognise a point similar to those made by Members across the Chamber about crypto. The world is changing. We have very significant and onerous duties for opening a UK bank account and proving our identity, but we live in a world where more organisations are coming to the market and saying, “We can provide you with that document, but without the need to meet any of those standards,” in exactly the same way as people are using crypto to transfer money around without the audit trail that we see with other forms of financial transactions. We need to make sure that our electoral system meets the test and that we can identify those exercising their vote in that way.

In conclusion, we have heard from across the Chamber a variety of different examples of improvements that could be made to the Bill. Some of those we as the Opposition will agree with, and some of them we will not, but I hope that Ministers will heed the calls from Members across the House, and particularly those of their own Back Benchers. I was struck by the observations and criticisms of the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne) and the hon. Members for Stockport (Navendu Mishra), for Rushcliffe (James Naish) and for Clapham and Brixton Hill (Bell Ribeiro-Addy), all of whom set out ways in which this Bill falls short of the minimum expectations that we would have for an appropriately modern and secure piece of electoral legislation. We will approach the Bill Committee in that constructive spirit, but I have to say that at the moment it certainly feels that a number of the measures are in this Bill specifically for the objective of the Government’s own electoral advantage.