Overseas Electors Bill (First sitting)

Layla Moran Excerpts

Wednesday 17th October 2018 Public Bill Committees

[The Chair]

Before we begin line-by-line consideration, I remind Members that the required notice period for tabling amendments in Public Bill Committee is three working days. Amendments should therefore be tabled by the rise of the House on Friday for consideration on the following Wednesday.

For those who are relatively new to the process, it may be useful if I give a brief explanation of the arrangements. The selection list for today’s sitting, which is available in the Committee Room and on the Bill website, shows how selected amendments have been grouped for debate, generally on the same or similar issues. The Member who has put their name to the leading amendment in each group will be called first; other Members who wish to speak on any amendment in the group will then be free to catch my eye. A Member may speak more than once in a single debate.

At the end of a debate on a group of amendments, new clauses or schedules, I shall again call the Member who moved the leading amendment or new clause. Before they sit down, they will need to indicate whether they wish to withdraw it or seek a decision on it. If any Member wishes to press to a vote any other amendment, new clause or schedule in the group, they need to let me know.

Decisions on amendments take place not in the order in which they are debated, but in the order in which they appear on the amendment paper. In other words, debates occur according to the selection and grouping list, but decisions are taken when we come to the clause that the amendment would affect. New clauses and schedules are decided on after we finish consideration of the existing text of the Bill. I shall use my discretion to decide whether to allow separate stand part debates on individual clauses and schedules after debate on the relevant amendments.

Clause 1

Extension of franchise for parliamentary elections: British citizens overseas

[Layla Moran (Oxford West and Abingdon) (LD)]

I beg to move amendment 1, in clause 1, page 1, line 14, after “citizen,” insert

“(iia) is aged 16 or over,”.

It is a pleasure to serve under your chairmanship, Mr Robertson. I put on record my congratulations, and those of the Liberal Democrats more generally, to the hon. Member for Montgomeryshire for presenting the Bill and steering it to Committee. The subject has been in our manifesto for a very long time, as I know it has been for most parties. I look forward to continuing to support the Bill.

Since this is my first Public Bill Committee—my party is quite small, so we do not feature on such Committees very often—I thought I had better make the most of it, so I decided to table some amendments. However, I reassure the hon. Gentleman that I have no intention of derailing anything, so I hope he will see my amendments in a spirit of improvement and nothing more.

Amendment 1 relates to a proposal that it is time to consider seriously: extending the franchise for overseas electors to 16 and 17-year-olds. That, of course, is in line with the policy of my party and many others. It is worth mentioning that, in the last general election, the majority of votes were cast for parties that support it. I am grateful to the Opposition Front-Bench spokesperson, the hon. Member for City of Chester, for adding his name to the amendment. I note that several other hon. Members present have also expressed support for extending the franchise for various reasons, and I hope I can count on their support today.

In the debate on the money resolution, the Minister said:

“Now is the time that we should reach out to our citizens—our people around the world—and say, ‘You are British, and we are proud that you are British and we welcome you into our democracy.’”—[Official Report, 16 October 2018; Vol. 647, c. 572.]

I sincerely hope she agrees that that should extend to 16 and 17-year-olds. Rightly, they play a crucial part in the Welsh Assembly, which last week voted overwhelming to include them in Welsh Assembly elections. As we know well, in Scotland, 16 and 17-year-olds played a critical role in the referendum. The idea that 16 and 17-year-olds are not ready to vote has been roundly proven to be wrong. As education spokesperson, I go around schools a lot. Young people are desperate for a chance to grab hold of democracy.

I was one of those 16 and 17-year-olds who would not have been in this country at that age. My father was a diplomat and we travelled around the world. At that point, I was strong in my Britishness and I felt so tied to the country. Just because I was not here on terra firma does not mean that my heart was not here. That is the spirit that the whole of the Bill expresses: just because someone is abroad does not mean that they are not British—quite the opposite.

I fully recognise and anticipate that the Minister will argue that the amendment would lead to an anomaly, as only those 16 and 17-year-olds who are overseas would vote in elections but not everyone else. I would accept that anomaly. It would show that 16 and 17-year-olds would and can participate in those kinds of elections and it may open the door to that wider debate. That is why it is important to talk about it today.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am sorry to fire a torpedo at the hon. Lady. Perhaps I am being thick, but the Bill deals with people who have been out of the United Kingdom for 15 years or more. How will that apply to a 16-year-old?

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[Layla Moran]

Let me give myself as an example. I was born in this country—in Hammersmith—and we left when I was one. I would have been tied to an address, but we left and I did not come back until university. I came back for boarding school because I had to, but my brothers and sisters did not because I went to boarding school only because we were in a country that did not have adequate schooling—in fact, we started our own school, but that is a long story.

The amendment would have applied to me, because when I was 16, had there been a general election, I could have had the chance to vote: I lived here when I was one and I was on my parents’ passports at that point. I took my first flight to Nepal when I was six months old.

[Mike Gapes (Ilford South) (Lab/Co-op)]

It is a pleasure to say a few words under your chairmanship, Mr Robertson. The hon. Member for Oxford West and Abingdon made clear that there are anomalies in our current electoral system. She referred to developments in Wales, but several hundred thousand young people have already voted in an election, including 16 and 17-year-olds: the Scottish referendum, which was on a different franchise to the referendum we had on the European Union.

The numbers of people who would be affected by moving from a 15-year threshold for 16 and 17-year-olds to an indefinite threshold would be very low. By definition, it may be only hundreds or even fewer, but there is an important principle at stake about the future of the country. I do not want to reopen the debate about the EU referendum—I am sure you would call me to order if I did, Mr Robertson—but by definition young people have a longer interest in the future of our country than older people, because we are all mortal. Therefore, I support the amendment. It is also supported by many organisations that campaign to widen our democracy. On that basis, I am happy to give my support.

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[Chloe Smith]

No, I will not. I will be brief. The hon. Gentleman has had ample time to put his arguments. The Bill is not a moment for a “democratic experiment”, to quote the hon. Gentleman further. It is also not the moment to fracture the franchise; it is a moment to extend the franchise. It is not right to make the franchise one thing in one sense and another thing in another sense.

I address that argument directly to the hon. Member for Oxford West and Abingdon, who has rightly brought the argument here today in a spirit of wanting to explore the issues, and I applaud her for that. She said at the outset that she wanted this to be an exploratory debate, and I am grateful that we have had that today. The bottom line is that the Bill seeks to do something different. It is about extending the franchise geographically; it is not about the age at which the franchise starts, and I do not think that it would be a wise course to have two different age starting points for the franchise within the democracy that we hope to sustain for UK parliamentary elections. I hope that the hon. Lady will feel able to withdraw the amendment on that basis. I look forward to making progress through the Bill.

[Layla Moran]

I thank everyone who has contributed to this debate. I do not agree that this is not the time to discuss this matter, or that we should not vote on it. It may well have been voted down in the past, but let us face it: the shifting sands of politics are moving so fast that I do not even know what happened yesterday, let alone what will happen tomorrow. What I do know, though, on behalf of many of the young people I speak to day in, day out, as I have done for the whole of my career, is that this is absolutely the time to press such an amendment to a vote, and that is what I intend to do.

Question put, That the amendment be made.

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[Alex Norris]

Anyone who has ever been interested in genealogy knows there are a broad range of ways to try to establish where people were at certain points in time. The issue is that with every level of extra difficulty, the whole system gets much harder. Under the current rule, the association says it takes two hours to legitimately verify one voter. Every layer added on top of that will only make that longer. There comes a point at which we are asking too much.

Instead, the amendment would stand the 15-year rule as it does today, so that those people would register as they normally do. That would take two hours each time, but we are managing to do that now, so presumably we can be confident that with the right resources we can continue to do so. Then, every year, that starting register of anyone who joins would carry on. Those grandfather rights, as the lawyers call them, would grow across the years and we would get to what the hon. Member for Montgomeryshire seeks, but in a way that would be practically deliverable by our electoral administrators, who are pressed.

[Layla Moran]

How many people does the hon. Gentleman think that would exclude? We are talking about large numbers of people who have been here for far more than 15 years. Does not the amendment stop their right to vote completely?

[Alex Norris]

I cannot find the numbers; perhaps the hon. Member for Montgomeryshire may help when he responds. I will be clear because I make no attempt at subterfuge: the amendment would mean that the Bill would not enhance the position of people not currently eligible to vote. Trying to get to that position is very difficult to the point of being an incredible undue burden.

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[Christian Matheson]

I do not intend to speak at length on these three amendments. Amendments 34 and 35, which my hon. Friend was just talking about, talk about the practical difficulties in the administration of overseas electors. My office sought advice from one of the electoral registration officers in my region who is known to me. They talked about the difficulties of finding information to verify the individual.

Council tax records will go back only five or six years, and they do not always keep historic electoral registers, so if somebody had moved away 20 or more years ago, the manager in the electoral registration office would not know how to start going about finding their information. The view of the electoral registration officer who my office spoke to was that they would simply have to start taking people at face value when they applied to be an international voter, because there would be no real way to tell if somebody was eligible or not, and they do not have the resources or the time to do that research.

The current process for an overseas registered voter is complex. It takes ages to verify somebody because the office has to contact the local archivist. Many offices are now paperless. There used to be 15 years’ worth of voting registration documents in this office in my region, but now they do not have any storage space for the voting records, so they have to call an archivist to get the information they need about whether the person was on the register, which can take many days.

They have also found issues with boundary changes, which cause difficulties in figuring out someone’s ward and polling district. That is important because the registers are based on polling districts, but they might disappear as the wards are rearranged, which makes it harder to track down where the individual polling district is.

[Layla Moran]

I draw the hon. Gentleman’s attention to my amendment about overseas constituencies. Many of those issues are solved by that amendment. Would he be willing to support that as well?

[Christian Matheson]

I confess that my focus has been on the earlier parts of the Bill and I have not had a chance to check that yet. Perhaps the hon. Lady and I can discuss that in due course.

If an individual had lived abroad for 10 years, there could have been two boundary reviews since they had moved, so their previous residence could have been transferred to a new polling district. Even if they had only lived in one house, it could now be in a new polling district. My contact, the electoral registration officer who my office spoke to, felt that that is all manageable when someone has been abroad for only about five years, but if it is longer than that, there will have been more boundary reviews, so it becomes increasingly difficult.

If I may make a more political point that is nevertheless entirely relevant, cuts to local authorities mean that electoral registration officers have been under huge pressure in the last few years. My local council, Cheshire West and Chester Council, has had £57 million of cuts in four years. It is focusing entirely on putting what money it has left in the most critical areas, such as children’s services and looking after vulnerable adults, but plenty of local authorities simply do not have the resources to manage that in the austere times still with us, whether austerity has ended or not.

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[Chloe Smith]

This is a very interesting amendment. My understanding of what the hon. Member for Nottingham North is trying to do developed slightly as he made his comments, and I am grateful for the way in which he explained what his amendments seek to do. I will take them in two halves and respond to some points in relation to amendment 33 before coming on to the other two amendments.

On amendment 33, I am grateful that the hon. Gentleman recognises the challenge of the residency test. At the moment, there is no way for a person to join the register if they had been resident in the UK, as opposed to previously registered. Those are the two different concepts that we are dealing with, and I think the hon. Gentleman recognises that in what he is trying to do with amendment 33. I welcome that, because the residency issue aims to put right an injustice that, for example, could apply to the children of British citizens who moved abroad. I believe that the hon. Member for Oxford West and Abingdon might have been such an example. Having left the UK at such a young age, she could not possibly have been registered in this country, but of course, she had been resident here.

[Layla Moran]

I was resident here, but my brothers and sisters were not. They were born after me, and were born abroad. Are they less British than I?

[Chloe Smith]

There we go. It is very helpful to have such personal experience of the issues raised in the Bill. However, I feel duty bound to say that the Bill might not help in the instance of the hon. Lady’s brothers and sisters, although it would help in her own instance.