Ballot Secrecy Bill [ Lords ]

Debate between Lee Rowley and Caroline Johnson

Committee stage
Tuesday 7th March 2023 Public Bill Committees

[Lee Rowley]

I am grateful to the hon. Gentleman for his comments because he raises an important point, which is: how will we interpret the legislation? Clause 3, which my hon. Friend the Member for Peterborough has outlined, provides that additional guidance will need to be put in place to give greater clarity for those who are running individual polling booths. That might not be their day job, and they might come from another part of a local authority and might be taking part in only that one electoral event, so it is right that there will be interpretation and guidance with respect to the Bill. It will be for the Electoral Commission and others to provide that as part of the overall process. Hence, clause 3 outlines the approach we suggest.

Before I come to clause 3, let me refer to clause 2.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

When the Government produce that guidance, would it not make sense for it to say that when two adults were going to a polling booth together, they would need to be doing so in circumstances whereby they were, for example, giving assistance to a disabled person? Therefore, the presumption would be that everyone should go separately, rather than there being a need to prove intent, because it is always difficult to know what is going on in someone else’s mind.

[Lee Rowley]

I am grateful to my hon. Friend for her suggestion. This exchange is highlighting some of the challenges around the level of prescription that needs to be in the process versus the level of discretion. That is one reason that we legislate in this place and a separate body provides interpretation.

The ultimate decision about whether things are appropriate or not appropriate in individual polling booths is down to the presiding officer in that polling booth. Presiding officers will take decisions based on the law and the guidance around the law, and the situation on the ground. I have been the elections Minister for only a few months, but I can see that there is an incredible amount of legislation and guidance in this area. That legislation and guidance provide significant prescription—it is important that there is consistency and clarity across the country when electoral events happen—but equally, guidance can never provide every piece of information for every scenario.

I take the point made by my hon. Friend the Member for Sleaford and North Hykeham and will feed it into our consideration, but it will be for the Electoral Commission to provide guidance and further information.