Representation of the People Bill (Fourth sitting)

Lewis Cocking Excerpts

Committee stage
Tuesday 24th March 2026 Public Bill Committees

[Samantha Dixon]

The fourth circumstance allows the registration information of 14 and 15-year-olds to be disclosed to MI5, MI6 and GCHQ. That is the extension of a standard provision allowing our intelligence agencies to use electoral registration data, if necessary.

The final circumstance allows the registration information of an under-16 to be shared with an individual who has been appointed to act as that young person’s proxy voter. I am sure it is obvious that such information sharing is naturally helpful to allow the proxy voter to carry out their role.

It is important to note that three of the five circumstances in which clause 8 permits disclosure of information have further restrictions placed on them by clause 12, which I will discuss in detail shortly. Furthermore, the relevant supply enactments—the fourth circumstance—already contain restrictions on use and further disclosure. Overall, the Government consider these exceptions to the prohibition to be appropriate and proportionate in allowing young people’s registration information to be shared when, and only when, absolutely necessary.

Clause 9 provides for the way in which the data of 14 and 15-year-olds should be handled in Scotland and Wales, where the UK Government have responsibility for UK parliamentary elections, but the Scottish and Welsh Governments have devolved responsibility for local elections and elections to the Scottish Parliament and Senedd Cymru. Where individuals in Scotland and Wales are eligible to take part in both reserved and devolved polls, their electoral records are held by electoral registration officers on a combined register.

That is a very sensible and efficient approach to managing electoral registers, but in the context of the data protection provisions put in place by clauses 8 to 16, that approach presents a challenge—namely, what should happen if devolved legislation prohibits an entry from being disclosed, but reserved legislation allows it? The Government are committed to upholding and respecting our devolution settlements, and the clause is designed to do exactly that. Devolved electoral registers and reserved electoral registers should be considered to be separate in principle. It is only a matter of practice that they happen to be held in one place.

Clause 9 provides that, where electoral registration information is held in a combined register, if clause 7 of the Bill prohibits the disclosure of information, but devolved legislation allows it, disclosure of that information is permitted. The clause also provides that if both devolved and reserved legislation permit disclosure, but only devolved legislation places restrictions on the use of that data—for example, a restriction on its onward disclosure—those restrictions do apply. The clause strikes an appropriate balance between protecting the information of those who have not yet reached voting age, and respecting the rightful responsibility that the Scottish and Welsh Governments have over their devolved elections.

I turn now to clause 10, which is a mirror image of clause 9. Whereas clause 9 ensures that the Bill works with and does not conflict with devolved legislation, clause 10 is designed to ensure that devolved legislation does not conflict with this legislation. Specifically, clause 10 provides that, where electoral registration information is held in a combined register, if relevant parts of devolved legislation prohibit disclosure of information, but clause 7 of the Bill allows it, disclosure of that information is permitted. The clause also provides that, if both devolved and reserved legislation permit disclosure, but only reserved legislation places restrictions on the use of that data—for example, a restriction on its onward disclosure—those restrictions do apply.

Taken together, clauses 9 and 10 accommodate and respect the importance of devolved responsibility, while equally ensuring that the UK Government are not constrained by the policy decisions made by the devolved Governments when legislating for our own elections.

I turn now to clause 11, which is a further part of the package of measures in the Bill designed to protect the information of 14 and 15-year-olds who register to vote ahead of reaching voting age. Specifically, clause 11 builds on clause 8, which sets out five circumstances in which the prohibition put in place by clause 7 on sharing the registration information of those under the age of 16 does not apply. Members will recall that the second circumstance listed in clause 8 provided that the registration information of an individual under the age of 16 may be shared to comply with one of a limited number of supply enactments. Clause 11 lists four supply enactments, which I will list shortly.

Before I do, it is important to note that there are already restrictions on what individuals who receive information via a supply enactment may do with that information. I also remind hon. Members of the two strict limitations that clause 8 puts on disclosure under these supply enactments. First, disclosure under a supply enactment listed in clause 11 may be made only for purposes relating to an election, referendum or recall petition at which a given person will be entitled to vote or sign. That will allow information of individuals under the age of 16 to be protected, while also allowing individuals who will be old enough to vote in specific polls to be included in campaigning activities related to that poll. Secondly, disclosure under a supply enactment listed in the clause must not contain information that would allow the date of birth of the young person in question to be learned.

Noting those key restrictions, I will now talk through the four types of supply enactment under which the registration information of an individual under the age of 16 may be shared. The first allows records of postal and proxy voters under 16 to be shared on request with a candidate. The second allows information of individuals under 16 to be shared with the Electoral Commission. The third allows information of individuals under 16 to be shared with the Boundary Commission.

The fourth allows information of individuals under 16 to be shared with candidates upon request or, in respect of the recall of an MP, that MP, political parties and official campaigners. Noting again the important restrictions placed on disclosure in these circumstances by clause 8, these provisions make it possible for individuals who are not yet of voting age, but who will be on the actual day of a specific poll, to be appropriately involved in the electoral process in the run-up to that election.

[Lewis Cocking (Broxbourne) (Con)]

Is the Minister confident that when we collect all this data, and the Boundary Commission and Electoral Commission get it, they will be able to analyse it to make sure that all constituencies at the next general election fall within their parameters for how many electors each MP needs to represent, to make sure that none is too far outside that boundary?

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When automatic registration is brought in, there must be guarantees that the system is secure and the electoral rolls are accurate. The consequences of an inaccurate register are crucial for the size of our constituencies—being of the same size means every vote counts, notwithstanding the electoral system changes that many parties want—and vital for confidence in the system. I am not sure that the Bill as drafted offers such integrity and security, which is why we have tabled those two amendments.

[Lewis Cocking]

It is a pleasure to serve with you in the Chair, Dame Siobhain. I support Opposition amendments 26 and 27 in the name of my hon. Friend the Member for Hamble Valley, but I want to outline my concerns about automatic voter registration.

I think the way electors currently register themselves to vote is perfectly fine and works well across the United Kingdom, but if the Government are to push forward with automatic voter registration, they must make sure it happens all across the country at the same time for the same general election; otherwise there will be serious consequences. For example, I have two councils—Broxbourne and East Hertfordshire—that are in charge of their own electoral rolls for their own council area, but both cover my constituency. Let us say that Ministers decide to do auto-enrolment by council area, and that one of my council areas gets picked, but the other one does not. In a general election campaign, some of my electors would have been automatically enrolled and some not. That will matter. If the election is close, can that be challenged in the courts? Is it fair in a democracy? I do not think Ministers have thought through that automatic voter registration needs to happen everywhere at the same time.

The Government could say they will have pilot areas of automatic voter registration on the basis of council elections, and have automatic voter registration across a whole district for its council election, but not in the neighbouring district for its council election. That would be perfectly fair, because everybody within the same council boundary would be on the same electoral list and have the same rights to vote as everybody else. Unless this all happens at the same time for the next general election, there is a real danger of creating two groups of electors across the country.

As has been mentioned, this will affect the next boundary commission review, which is due to take place after the next general election. There will be some constituencies where auto-enrolment has happened and some where it has not, which will affect where the boundary commission draws the lines for the general election after next.

[Sam Rushworth (Bishop Auckland) (Lab)]

I am not trying to trip the hon. Gentleman up; I am just genuinely curious to understand this. Is his contention that having mandatory automatic enrolment will increase the number of people who are registered? [Interruption.] I see the shadow Minister shaking his head. If that is not the contention, and it is not the case that auto-enrolment would increase the number of people being registered, in what sense does the hon. Member for Broxbourne think that this would create two different populations?

[Lewis Cocking]

Some people will be automatically enrolled who have chosen, under the current system, not to be on the electoral roll, but it is a question of fairness. If we are not having that across the country, all at the same time, it will create an unfair election result. As I understand it, it will be up to Ministers to choose whether they do it by age, by location or by demographic. If everyone is not enrolled at the same time, one could arguably gerrymander, because one could pick people based on who they are likely to vote for at the general election.

I do not think we need automatic enrolment, but if the Government are going to push forward with it, they could at least say, “We are going to make the next generation fair in terms of auto-enrolment, and we are going to do it for everybody, all at the same time, across the country for the next general election.” If the Government are worried about capacity to do that, I suggest that what is needed is more time. The Electoral Commission might say that it needs more time to do it, so it would have to happen at the next general election after that. As I have said, they could do pilots based on council elections, as long as the whole authority is covered by that pilot.

[David Simmonds]

Does my hon. Friend recall the evidence that we heard about the pilots in Wales? Auto-enrolment was implemented, and when that data was verified, a significant number of voters fell off who should never have been on the roll in the first place. That indicates that there is a risk that auto-enrolment distorts the electoral position at local authority or parliamentary constituency level by adding people who are not eligible to vote. It creates two risks: one is, as my hon. Friend has described, boundaries being drawn in a way that does not allocate people’s votes equally; another is that people will be offered the chance the vote when they are not eligible to participate in that election.

[Lewis Cocking]

My hon. Friend makes an important point, and that is why Opposition amendments 26 and 27 are very important, because they go some way—not the whole way, but some way—to mitigating what he has just outlined.

[Dr Chowns]

It might be helpful if I remind the Committee of what the Electoral Commission itself says:

“Automated voter registration has the potential to significantly improve levels of accuracy and completeness of the registers and help ensure people can vote in future elections… Significant progress should be made on implementing forms of automated registration before the next UK general election… Pilots in Wales last year show how effective automatic registration can be.”

I am a little worried that, inadvertently, a false impression of the opinion of the Electoral Commission has been given.

[Lewis Cocking]

I am arguing that if we are going to do automatic enrolment, it should be for everybody, all at the same time, across the country. As I have pointed out, one could do pilots within council areas, as long as everyone in the whole area is being enrolled at the same time. I have given a number of examples.

In my constituency of Broxbourne, I have two registration authorities, so it could be that at a general election some people within the same constituency are auto-enrolled while others are not. I do not believe that is fair. I said at the start of this that I think the current arrangements for registering to vote in this country are perfectly fine, and that people have a choice to register or not. If someone says, “I do not wish to register to vote,” that is their choice. That is up to the individual.

[Dr Chowns]

If the hon. Member will forgive me, I will cite once more evidence from the Electoral Commission, which does not agree with him that the current system is fine. The Electoral Commission says that evidence from its research shows that

“as many as 8 million people across the UK are not correctly registered to vote”.

That is a huge proportion—a huge disenfranchisement. The Electoral Commission says:

“Introducing more automated forms of registration would remove barriers to voting and make it easier for people to register and vote.”

Does the hon. Member not think we should listen to the Electoral Commission?

[Lewis Cocking]

Some of those 8 million people may have chosen not to be on the electoral roll. Would the hon. Lady like to stand in a constituency where half of her electors are auto-enrolled and the other half are not? What are the consequences of that if the election is very close? Will it be taken through the courts?

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[Samantha Dixon]

Clause 20 enables the Secretary of State to make pilot regulations that test new and innovative methods of electoral registration. As part of our work to strengthen the registration system, the Government are exploring new and innovative ways of electoral registration.

By harnessing existing Government data and embracing new technology, we aim to modernise the process, making registration simpler and more accessible for citizens. However, before any new methods of registration are introduced in full, it is right that they are tested in real-world conditions with real people, not merely in enclosed, controlled environments. By testing new registration methods in the real world, we will be able to ensure—to the best of our ability—that any new approaches to registration are both effective and secure. The Government are committed to strengthening our democracy and encouraging full participation by legitimate voters in our elections, and the clause forms a critical part of that work.

With the Committee’s indulgence, I will address amendment 28, notwithstanding the fact that it has not yet been spoken to. It aims to ensure that the voter registration pilots, which are provided for in the Bill, cannot be used to amend the franchise. I reassure members of the Committee that the new piloting powers, as drafted, could not be used to amend the franchise.

Clause 20 creates a new power for the Secretary of State to make regulations to pilot changes to the voter registration process, which the Bill describes as “voter registration provision”. Clause 21 defines “voter registration provision”, making clear that it is limited to registering individuals entitled, under existing franchise eligibility criteria, to be registered. It also allows for existing register entries to be amended or removed. Our intention is to make registration easier and simpler for those already eligible to register to vote; it is not to amend the eligibility criteria for entitlement to register to vote. I ask the hon. Member for Hamble Valley to withdraw his amendment, as it is unnecessary.

Clause 21 seeks to clarify what is meant in clause 20 by “voter registration provision”, in relation to pilot regulations, by providing examples of what such regulations could entail. As I have just said, before any new methods of registration are introduced in full, it is right that they are tested in real-world conditions with real people, not solely in enclosed, controlled environments. In July last year, the Government published our strategy for modern and secure elections, in which we noted that technology presents ever-expanding opportunities to improve the way in which the Government deliver for the public. Our ambition is to modernise our registration practices, harnessing data and moving towards an increasingly automated system, so that voters can be easily and simply registered to vote.

[Lewis Cocking]

The Minister probably knows the point I am about to make. I fully appreciate what she has just said about having to do these demos in real-world scenarios, but can she ensure that they will be conducted during elections where everybody is treated in the same way—that is, council elections—rather than at a general election, where she will create two types of elector? Can we have that reassurance?

[Samantha Dixon]

I note the hon. Gentleman’s concerns, and I hope to address them as we go forward.

Clause 21 makes clear that piloting regulations may be used to explore this ambition further, including by testing new and innovative ways of using Government data to identify individuals and support them to register, as well as testing potential improvements to administrative processes. Our ambition is to support a modern, efficient registration system that makes participation straightforward for citizens and strengthens the foundations of our democracy. The clause plays an important role in providing the framework through which that ambition can be pursued.

Clause 22 builds on clause 21 by providing further clarity on the scope of the piloting powers set out in clause 20. It makes clear that pilots will take place in one or more areas, and that they may assess the impact of new registration methods on specific demographic groups. The clause also confirms that, in most circumstances, pilots will proceed only with the consent of the relevant electoral registration officer. It is right that those directly responsible for administering the pilot are engaged, informed and supportive of the approach being taken.

Furthermore, clause 22 allows pilot regulations, on a temporary basis, to create, suspend or disapply an offence or financial penalty where that is necessary for the effective conduct of a pilot. However, they cannot increase penalties beyond existing legal limits, nor introduce penalties or offences for individuals who fail to register or update their details. That ensures that the legal framework operates sensibly during the testing period while maintaining appropriate protections and proportionality.

Clause 22 provides breadth, flexibility and practicality to the proposed piloting framework, giving clarity to officials without imposing an overly rigid or exhaustive set of rules. In doing so, the provisions ensure that pilot schemes can be designed in a measured, proportionate and genuinely useful way, supporting the Government to realise their ambition to modernise electoral registration and make it simpler for citizens to engage with the democratic process.

I now turn to clause 23, which provides that any pilot regulations made under the new power conferred on the Secretary of State in clause 20 must be made by statutory instrument. Parliament is the proper forum for the scrutiny and oversight of such powers. Electoral registration is a matter of significant importance and sensitivity, and it is therefore right that parliamentarians have the opportunity to examine in full any proposed regulations establishing a new pilot.

Clause 23 provides that all regulations made under this piloting power will be subject to the affirmative procedure, except where the regulations do no more than extend an existing pilot for no longer than 12 months, or amend the deadline by which the Electoral Commission must publish its evaluation report—in which case the SI will be subject to the negative procedure. Requiring the affirmative procedure for the vast majority of cases reflects the long-standing convention that changes to electoral law should receive the highest level of parliamentary scrutiny. Safeguarding the security and inclusivity of our electoral registration system must remain paramount.

Clause 24 provides that the Electoral Commission will evaluate any pilots and produce a report. The Electoral Commission serves as an essential independent guardian of the integrity and transparency of our democratic processes. By upholding rigorous standards and providing impartial oversight, it helps ensure that electoral matters across the United Kingdom are conducted properly, securely and with public confidence.

By placing the Electoral Commission’s independent assessment at the heart of the evaluation of any electoral registration pilot, we ensure that Parliament, stakeholders and the public receive a clear, objective and authoritative appraisal of any pilot’s effectiveness. The clause reinforces our commitment to rigorous independent scrutiny by requiring the report to address specific issues. That includes an assessment of the extent to which a pilot has met its objectives and an evaluation of whether the changes made by the regulations represent a cost-effective means of achieving them.

Although we are ambitious about delivering a modern, more automated electoral registration system fit for the 21st century, we are equally mindful that robust processes and independent evaluation must remain integral to the testing of any new registration method. Clause 25 provides definitions for the four key terms used throughout clauses 20 to 24. This is an interpretive provision that defines key terms and is necessary for the operation of those clauses. I commend the clauses to the Committee.

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[Paul Holmes]

My hon. Friend is absolutely correct. Let us not forget that in very recent history the Government have completely ignored the view of the Electoral Commission anyway. When the Government said that they would not cancel local elections, and then did, and then got found out in court and did not defend the case, the Electoral Commission said repeatedly that it disagreed with the Government’s stance on the local elections because the Government had not consulted and had breached the general rule that EROs and local authorities should be given at least six months’ notice of a change of poll.

The Electoral Commission was very clear, and I think it went as far as condemning the Government’s decision, but the Government ignored it. The Minister can outline how the Electoral Commission will be consulted, but they have ignored it before and it is very likely—in fact, given the pattern of behaviour of the Secretary of State, it is almost certain—that the Government will find the answer that they want to find, regardless of what the Electoral Commission review says.

We remain sceptical. This is not personal against the Minister. I like the Minister intensely—[Hon. Members: “Ooh!”] I couldn’t think of another word. I like the Minister a lot, and I think she is a woman of integrity, but the pattern of behaviour from this Government is astounding, on consultation, on transparency and, actually, in Parliament. Ministers, who are governed by the ministerial code, have said that they will not do something and then gone ahead and done it anyway, in the cynical way that we have come to see from every Department in this Government. It is rotten from the top down.

On the pilots, the Minister has been clear that the parameters are not well established in the Bill and that she will want to come back with secondary legislation. Clause 20, “Power to pilot changes to the voter registration process”, states that the

“Secretary of State may by regulations make voter registration provision…in connection with…a register of parliamentary electors maintained under section 9 of RPA 1983”

and

“a register of local government electors”.

However, where it says that “regulations must specify”, there are certainly no parameters, and she is asking us to give the Government a blank cheque.

The Minister is asking us to approve pilots without any detail on what they may look like. She is also not saying how she will test whether those pilots are successful. When she winds up, will she outline to the Committee exactly what the parameters are for the pilots and the tests for what looks like success when they are finished?

[Lewis Cocking]

I wholeheartedly support my hon. Friend’s impassioned speech. Does he share my concern that the pilots may be done on the basis of council areas, but that everyone should be auto-enrolled at the same time, rather than creating two lists of electors for a general election? Does he agree that that, in itself, will undermine the next general election and undermine democracy as a whole? Does he also agree that the Government must provide more detail about these demos, rather than giving Ministers carte blanche to pick and choose who they do and do not want to enrol, with this Committee and the House having no say in the matter?

[Paul Holmes]

I agree entirely. As I have attempted to outline, and as I think my hon. Friend is saying, without such detail why should people trust a word that the Government say? It has been the same with other legislation, as I know from being a shadow Housing, Communities and Local Government Minister, and it is pretty clear that it comes from the top of Government.

Let us look at the detail of clauses 21 and 22. Subsections (3) and (5) of clause 21 state that it

“includes provision relating to…the identification of individuals who are not registered”—

that goes without saying—and

“the identification of changes relevant to entries in the register, and…the maintenance of registers”,

as well as

“the form of the register…the procedure to be followed in the preparation of the register…the publication of the register”,

but there is no detail. If this Government are so clear about what they want to do with automatic registration, they should set out clearly the parameters for its implementation and should have an idea of what they want from it, but I must say that everything in the Bill about what they want from the pilots is fairly generic guff.

[Lewis Cocking]

Does my hon. Friend therefore agree that this measure could be reintroduced during the next parliamentary Session, when we can give a lot more thought to where the demos will take place and to the detail of who will be auto-enrolled first, and we can properly scrutinise the Government? As he rightly points out, this Government have made a number of U-turns. It is very difficult to trust a word that Ministers say or to know whether they will keep their word about the Bills they bring in. Does he agree that, rather than rushing the Bill through in this Session, the Government need to go away, think again and come back with fresh ideas when they put the legislation before Parliament in the next Session?