(3 days, 12 hours ago)
General Committees
Lewis Cocking (Broxbourne) (Con)
It is a pleasure to serve under your chairmanship, Sir Desmond. I have great respect for the Minister. I hope that he remains in post or gets a promotion in the upcoming reshuffle. I did not plan to speak today but, although I have heard some good points made in this Committee, I have also heard some nonsense.
This is a terrible idea: I do not think a national scheme of delegation will work across the country. It puts too much power in the hands of planning officers, who do not always get it right. We often fail to talk about how we have to create communities, but when someone makes a bad planning decision, that building is there for generations. There are issues that should be thought about within the planning process, and they will be difficult to solve if an officer has recommended the approval or refusal of a specific application and they have got it wrong. Officers are less likely to live within the council area, so they are less likely to know the place as well as councillors. Councillors should be around that table and should be able to call in planning applications.
Lots of councils do have a scheme of delegation, but it is important that they retain flexibility, because there will be certain applications where local circumstances apply. For example, an application for a house may have to be called in because there are specific issues down a road, or because lots of people have replied to the consultation. Councils need to have that flexibility. The national scheme of delegation will not help the Government in meeting their target of building 1.5 million homes. This is not the problem within the planning system.
As I have said before, the reason that hardly any homes are getting built in this country is developers themselves. Most applications that go through the planning process get approved. It takes such a long time for developers to get their planning application not because the approval process is slow, but because they actively go against what the council is seeking to achieve within its local plan or what local people want. If, when they originally bought the piece of land and wanted to create their development, they came around the table and worked hand in hand with the council, they would get through that process a lot quicker. As leader of Broxbourne council, I had loads of experience of dealing with developers who would take ages to get through the planning system because they would not do what the council asked them to.
The idea that this legislation will speed up the planning process and solve all the issues, and then 1.5 million homes will be built over the course of this Parliament, is just utter nonsense. This is not the right part of the process for the Government to be attacking. This is an incredibly bad idea. It is not well thought-out. It will create issues down the line, when officers approve lots of planning applications and people do not understand why they have been approved, and it will cause fundamental issues for parking, healthcare facilities and education that will have no democratic oversight.
I hope that the Minister will reflect on this and try to improve the planning system, because I do not think this piece of legislation does that. It is an attack on democracy, and it is all about concreting over the green belt.
And we think that is right on schedule 1 applications. They are a very different proposition from schedule 2 applications, which we think members should be able to take a view on through the gateway test.
Lewis Cocking
The Minister mentions local plans and schemes of delegation. If a developer comes forward with a planning application that is not allocated within the local plan, how will that be dealt with? Will it be deal with through schemes of delegation, or would it automatically go to committee?
That is a fair question. As I set out in my opening remarks, if such an application were to meet the conditions in schedule 2, it would go in front of the chief planning officer, in most instances, and the chair of the planning committee, and a gateway test would determine whether it meets the criteria that I have set out. If it does, the local authority can put the decision in front of elected members, as happens now with an officer recommendation, so we are not changing that. I have listed the types of application that fall under schedule 1: minor residential development under 10 units, minor commercial development and so on. There might be a principled difference of opinion here, which I respect, but we do think that expert planning officers should be able to take decisions on those matters.
The hon. Member for Orpington challenged me on the impact of the fact that 96% are already not determined by committee. In a sense, he was saying, “What’s the point of these regulations, given that we have local schemes of delegation doing the job?” As highlighted in the impact assessment for these reforms to the Planning and Infrastructure Act, we expect these reforms to have a small but positive impact on the delivery of housing in this Parliament. We have never suggested that they are a silver bullet for all the issues that we face in the planning system. The Act’s impact assessment covered a number of options, including our lead option of delegating when applications are in line with local plans. We explored that issue, but the regulations take a more structured approach to delegating along the lines of application type, so we need to update the assessment to reflect that.
We recognise that only approximately 4% of decisions are made by committees at present, but that percentage represents a substantial proportion of total units in the planning process because many major applications go to planning committee for consideration. Under the circumstances that we have outlined for the gateway test, they might not necessarily do so as they might not meet those criteria. Streamlining the planning process will make a meaningful contribution to the delivery of much-needed housing and sustainable communities.
I do not believe so, because local planning authority schemes must adhere to planning regulations and meet the gateway test—in the sense of what can pass a committee—and the statutory guidance to which they must have regard. In a sense, we want to ensure that applications passing through the gateway and considered by committees are larger, complex and more controversial cases, and that less significant applications are determined by planning officers.
That leads me to the legal obligations on officers. In a sense, the question has been put to me, “Can we trust local planning officers to make these decisions?” I must make it clear that officers working for local authorities are bound by strict requirements in the way they make decisions on applications. They must, by law, take all material considerations into account, including relevant parts of a local plan—that is why having an up-to-date local plan in place is so significant—and national planning policy. The law also requires their decisions to be rational. Planning officers’ actions must adhere to codes of conduct, be they those of the local planning authority or of the professional institutes to which they belong. Taken together, we think that these measures provide strong safeguards to underpin the integrity of decisions.
Lewis Cocking
The Minister is being very generous with his time. How can the public deal with planning officers who get it wrong? At the moment, if a planning committee gets it wrong, the public can go out to the ballot box and vote for someone else. They cannot do that with planning officers who make the wrong decisions.
Planning officers routinely make decisions without applications going to committee. We trust them to do so; they are bound by the requirements that I have just set out.
The hon. Member touches on a point that I was going to come to. It is important to ensure that we have a highly skilled planning profession and the right training and support in place for officers. We are investing in good decision making by planning officers in councils across the country. The hon. Gentleman will know that the Department has a planning capacity and capability programme that provides a broad range of support covering recruitment, skills, development, training and funding to ensure that local planning authorities have the capability and capacity that they need. Our approach to supporting planning recruitment and skills is deliberately demand-led, allowing local planning authorities to deploy support in line with their specific pressures. As he will know, councils have the flexibility to use support to recruit specialist skills or to upskill existing staff.
To ensure that I respond to all questions, I will make two final points. The shadow Minister, the hon. Member for Orpington, asked about instances in which the local authority is the decision maker or a local authority member is involved. I addressed that in my opening remarks, but it is worth clarifying again. We recognise that, for applications involving a local authority or an officer or member of that authority, committee scrutiny is merited in some cases, in the interests of transparency. To allow for that, we have provided in the regulations that such applications, regardless of whether they fall into schedule 1 or schedule 2, can be referred to committee with the agreement of the nominated officer and nominated member, even if they do not meet the specific criteria.
Finally, my hon. Friend the Member for Milton Keynes North made a powerful speech in support of the regulations. However, he asked how we determined which types of application fall into schedule 1. On the specific question of minor residential development, we took that as the appropriate threshold because, unlike in policy, in legislation—the Town and Country Planning (Development Management Procedure) (England) Order 2015—there is a distinction between minor and major development. With “minor development” being under 10 units, we thought that that was the appropriate level to set when it comes to residential developments. Commercial and housing development also falls into schedule 2.
Importantly, a key addition that we made to the regulations following consultation was the requirement for the regulations to be reviewed within two years of their coming into force. That will give us the opportunity to monitor their implementation and identify any issues or unintended consequences resulting from particular types of application placement. That review will take place by 31 October 2028.
Notwithstanding the range of issues and considerations that we have discussed, let me draw the Committee back to what the regulations seek to achieve. They are about improving the quality and speed of decision making so that the housing and growth that local communities want—and desperately need in many cases—can be delivered more quickly. I commend the regulations to the Committee.
(1 week, 2 days ago)
General Committees
Lewis Cocking (Broxbourne) (Con)
It is a pleasure to serve under your chairmanship, Mr Vickers. The Government are bringing forward logical proposals to deal with new councils, but my concern is that I am not sure that this measure goes far enough. It talks about protecting new councils from existing councils’ decisions about their finances, but what we do not talk about in this—and what I think the Government need to consider—are existing councils that are going to be forced to merge.
That is important because, if we look at my constituency, I have a council with money in the bank and a council without money in the bank. This legislation talks about protecting the new authority from financial decisions that the existing authorities have made—I completely support that, and I think the Government are taking a logical approach—but we need to explore whether it is fair for all the money to go into the same pot. Is it fair for people who have had good councils, with money in the bank, to see their taxpayers’ money spent elsewhere in the authority, where they will not see a benefit?
We should explore what financial information, constraints or regulations we can give to new councils when they are created, rather than just putting all the money into the pot. The councils to be merged will not have the same financial footing. They will not have the same services or the same money in the bank. If we think that it is important to protect the new council from decisions that the existing authority has made, it is right that we look at protecting specific areas within new councils that have had good financial management over the short to medium term.
As I said, there is an example in my constituency: Broxbourne council has about £50 million in the bank but East Herts council has none. What I do not want to see if we have to go through local government reorganisation is all that money going into the pot and then being spent on paying someone else’s debt. It is right for constituents that I represent in the borough of Broxbourne to say that there should be some guidance outlining that that money should at least be spent within the existing boundaries of that authority, even if it is under the new council.
The Chair
Order. The Member is straying a little from the scope of the proposal. Will he conclude, please?
Lewis Cocking
Thank you for your guidance, Mr Vickers.
This is an important piece of legislation that the Government are bringing forward. I wonder whether the Minister could explore some of the points that I have raised in this debate.
(3 weeks, 2 days ago)
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Lewis Cocking (Broxbourne) (Con)
It is a pleasure to serve under your chairmanship, Dr Murrison. May I congratulate you on the 25th anniversary of your election to this House, which happened a few days ago? I also congratulate my hon. Friend the Member for Harborough, Oadby and Wigston (Neil O’Brien) on securing this important debate.
For the past few months, I have worked closely with the local election candidates in my constituency, and I am pleased to say that their hard work paid off: they were elected on to Broxbourne district council and it remained under Conservative control, with no change to our majority. During that campaign, I spoke to hundreds of local residents, and not one person said to me that they wanted to see Broxbourne council abolished. If they were aware of the Government’s plans to do just that and force us into a large unitary authority stretching 40 miles from top to bottom, they wanted to know what I was doing to stop it.
I suspect that when the Minister replies to the debate, we will be told that local councils were knocking down the door of MHCLG, saying, “We want to reorganise. We want to go into large unitary councils.” Well, I have seen the letter that the Government sent to my council, and councils had no alternative but to reply to that letter. This is forced local government reorganisation, no matter what people say.
The people of Broxbourne instinctively understand what Ministers continue to deny: that large councils are remote from the people they serve, with decision makers naturally less concerned about towns and villages that they have no connection to. Moreover, the big new authorities will cost towns and villages money, not save it. There will be no savings from reorganisation. I am yet to see any evidence that unitary councils provide better government than the two-tier system that we have in place. I am yet to see those councils that have been through reorganisation—whether North Yorkshire or Somerset—come forward and say, “D’you know what? We’re awash with cash. We’ve got so much money now that we’ve saved so much through reorganisation.” I have not seen that.
In fact, when Somerset council went through reorganisation to become a single, large unitary council that the Government accepted, it increased council tax by 10%. There were no savings. If the Government are hellbent on doing this and want to move forward with it, they should show us the evidence that that type of council serves its residents the best, is cheaper and provides better services.
Last year we learned that the Department did not even carry out its own cost analysis of the reorganisation. Do not get me wrong—Broxbourne council is not perfect, nor is any district council—but, given its reasonable size and proximity to residents it at least has a chance to make a positive difference, if run well. It is no secret why Broxbourne residents voted to keep the council the same, as they do year after year. Council tax is lower than anywhere else, while services such as waste collection and leisure centres are run better than in neighbouring councils that charge more council tax. We all know that, when reorganisation comes, the new authority will provide the bare minimum in services and hit residents with the highest rates that it can get away with. From day one residents in the new authority, which my constituents will be forced into, will pay more in council tax but get less back. For those reasons, I fundamentally oppose the reorganisation.
The process we have seen so far should also make us doubt the Government’s ability to achieve what they have promised. As already mentioned, just last week the County Councils Network sent a damning letter to the Prime Minister and the Secretary of State, pointing out that the top-down imposition of local government reorganisation, as we have seen in Sussex, goes against the wishes of local councils without the evidence to back it up.
Many right hon. and hon. Members have made this point, but I too say, “Please show us the evidence. Show us where big unitary councils cost less and deliver better for residents, then we can at least understand and argue about the nuances of what the Government want to achieve.” It is difficult to do that when I have sat in a number of debates on this issue—I was on the Bill Committee for the English Devolution and Community Empowerment Act 2026—and not seen one shred of evidence that the new authorities will deliver better services and charge less in council tax. The majority of councils in Hertfordshire, including Broxbourne, support the proposal to create four unitary councils, rather than two or three, as they know that councils operating as close to the people as possible serve their residents better.
When it comes to making future decisions on reorganisation—and let me be crystal clear for the avoidance of doubt, though it will be no surprise to the Minister, I do not want any local government reorganisation in Hertfordshire—I hope that the Department will listen to what councils are saying and act on that. I urge the Minister, as I do every time in such debates, “Please review the policy, please make sure that future decisions are made with our constituents in mind and please ensure that whatever system is forced upon us will deliver outstanding local services and cheaper council tax.”
Mr Will Forster (Woking) (LD)
It is a pleasure to serve under your chairship, Dr Murrison. I thank the hon. Member for Harborough, Oadby and Wigston (Neil O’Brien) for securing this important debate. It is obvious that LGR is the Government running before they can walk. On so many issues, we Liberal Democrats push the Government to go further and faster—but not on this. Even McLaren, from my constituency, would think that the Government are going too fast and too furious.
Local government reorganisation has charged ahead without listening to councils and while ignoring residents. A layer of our local democracy is being removed and silenced. It very much feels as if Labour is reorganising local government for the sake of it, without rhyme or reason. Severe funding pressures are pushing local services to the brink. Vulnerable children, the elderly and the safety of our roads are suffering because of years of Conservative mismanagement and neglect, but rebranding and changing the face of the problem does not affect the way that something works—or, more importantly, the way it does not work. The Liberal Democrats believe that we need to fix our public services first and involve local people before we even think about redrawing lines on the map.
Of course, we still do not know why the Government have chosen to push ahead with LGR. Organisations, whether charities or businesses, always have a fully costed business case; they do not change the way they do things without one. I sit on the Housing, Communities and Local Government Committee, and it was clear from yesterday’s meeting that the Labour Government simply have not outlined their business case.
What we have here is an overly ambitious plan to reform all local government by 2028. There seem to be no reason other than creating “efficiencies”. In the meeting yesterday, when I asked the Minister how much money reorganisation would save, she said, “It is challenging to answer that question,” and, “Unitary councils tend to be more effective. I can’t give a direct answer.” I was surprised to hear that. That was the answer for a flagship Labour policy that would involve the largest change to local government for over half a century.
Lewis Cocking
I, too, sit on the Housing, Communities and Local Government Committee. Does the hon. Gentleman agree that the reason the Government are struggling to answer that question is that local government reorganisation will not save a single penny?
Mr Forster
We missed the hon. Gentleman at yesterday’s meeting. I agree; I fear that it will not save any money. The lack of evidence and a business case is a concern for me and the Liberal Democrats, and we expressed that at the Committee yesterday. I am sure he will be able to do the same next week when he joins us.
It is, as ever, a great pleasure to serve under your chairship, Dr Murrison, and I add my own congratulations on your important anniversary. I am grateful to the hon. Member for Harborough, Oadby and Wigston (Neil O’Brien) for securing this debate on local government reorganisation. I know that he has strongly held views on the future of his constituency, as we have heard today. For reasons of time, I will not repeat the names of all those who have spoken, but it has been a joy to hear so many Members describe their communities.
I say to all Members that I know we disagree on this topic. The point of this House is disagreement, so our disagreement is not only expected but welcome. However, someone listening to hon. Members might think, “There is no problem in local government and everything is okay—if only we were not proceeding with local government reorganisation!” I simply say to Members that the problems in local government, particularly those related to finance, have arisen because of the age of our population, the burden on local government in adult social care and other things, and a suite of failing policy areas, including special educational needs and disabilities, homelessness, adult social care and children’s care, which have meant that local government has carried the can for policy failure in this place. It now falls to those of us in this House to try to put that right.
I will make some progress.
The hon. Member for Woking (Mr Forster) mentioned £0.5 billion of debt write-off for his community. The words he was looking for were, “Thank you”. He is perfectly at liberty to quote me selectively, as is any Member of the House, but selectively quoting a Minister is not an argument—it is not a case to be made. This Government put £5.6 billion of grant funding into local government at the spending review. We have committed £4 billion to SEND as part of the White Paper. We are investing in local government to try to get it out of this situation.
As I did yesterday, let me repeat what I have said before to the right hon. Member for East Hampshire (Damian Hinds): although the Department’s analysis of the finances of this change is important, given the high and spiking costs that local government currently faces, the priority must be to deal with those cases. I challenge anyone to come up with a perfect cost-benefit analysis in this environment. That is what I said yesterday, and I repeat it again for clarification.
That said, I will do as a number of colleagues have asked by setting out why we are ending the two-tier system of local government. In two-tier areas, services and functions are split across county and district councils. That slows down decisions as different councils try to agree, and it leads to fragmented public services, meaning that it is unclear who does what and who is responsible. In Leicestershire, the area of the hon. Member for Harborough, Oadby and Wigston, the county council reported that 140,000 people called the wrong council when trying to get help and support.
The Government are committed to local government reorganisation, for clarity and other reasons that I will set out, and to the timetable that we have set out. We want stronger local councils, equipped to work with strong mayors and strategic authorities, for the purposes of economic growth, improved public services and empowered communities. That is the point of reorganisation: councils that match the real economic footprint of our cities and towns, rather than lines drawn on a map 50 years ago.
I might not have been alive in 1974, but I was born in 1980 into the relatively newly created area of the Wirral. At the time, it was part of the county of Merseyside. We subsequently became part of the Liverpool city region. Of course, administrative boundaries change, as Members know, but the identity of the place I am from—the village of Bebington, where I was born in hospital, and the village of Bromborough—is still as strong as it ever was, and we take part in the Liverpool city region with all the benefits that it brings.
(1 month, 1 week ago)
General CommitteesI thank the Opposition spokespeople, the hon. Members for Ruislip, Northwood and Pinner and for Eastleigh, for their contributions, which were, as ever, helpful and thoughtful. Before we conclude, I will address a couple of their points.
Both Members mentioned local government reorganisation. It is important to say that it does have a purpose. Unitary councils are more effective and able—
I will finish my point. Unitary councils are able join up services and improve how they respond to the needs of residents. The hon. Member for Broxbourne is free to disagree if he so wishes.
Lewis Cocking
Will the Minister set out the evidence for her statement that unitary councils perform better?
I am sure that the hon. Gentleman has heard me say this before, but I grew up in the Wirral. Previously, it was one small council operating under Cheshire county council—nobody has ever campaigned to divide our council again. The same is true just down the road, where Cheshire West and Chester council went through the process back in the late 2000s. Once unitarisation happens, it tends to be supported, with limited calls for its reversal. Sadly, we can see the impacts of the two-tier system today, but we have rehearsed that argument many times, so I will not detain the Committee with it.
(2 months ago)
Commons Chamber
Miatta Fahnbulleh
My hon. Friend makes a good point. We as a Government are committed to putting in place a neighbourhood governance framework, and that framework will set in place the key principles. It will be a guide for what effective, strong neighbourhood governance looks like. We will put in place regulation and guidance to support local authorities as they go through the endeavour of working with their communities to put the right structure in place. We have done a huge amount of work with the sector, and have taken evidence, which has informed the principles, but one of the big messages we got from everyone across the sector is: “Whatever you do, do not dictate what this looks like; build on what exists, and ultimately leave it to communities and local areas to come up with the right model for them.” When the sector speaks, we listen.
Lewis Cocking (Broxbourne) (Con)
If the Minister reckons that Ministers should not dictate what local government structures should be, will she let areas that have two-tier government, and that want to keep their district councils, keep them? My area does; it wants to keep Conservative-run Broxbourne district council. Why is she mandating that we go to unitary authorities, when she is clearly saying, as a Minister at the Dispatch Box, that she does not want to dictate what local government looks like across the country?
Miatta Fahnbulleh
I have had this debate many times with the hon. Member. His Government were in power for over a decade and oversaw the decimation and denuding of local authorities through a sustained period of austerity. His Government saw that local authorities were not sustainable, yet did not act. It falls to this Government to recognise those failures. We care about having strong local government that can deliver services for communities. Local government reorganisation is neither easy nor fun—it is hugely time-consuming, and we know that it is a difficult endeavour for our local authorities—but it was a necessity because of the previous Government’s failure to act for nearly a decade and a half. They saw the failings and issues in local government and did not respond; we have not done that.
We were clear that, ultimately, we would ask local areas to come forward with a range of proposals, based on a set of criteria. They have done that, and my hon. Friend the Minister for Local Government and Homelessness is judging the proposals that have come forward against the objective criteria that have been set. What we would not do—I will never concede on this point—is nothing, because that would have left local government collapsing at the very time when our communities need it to be working.
I reassure hon. Members that we think that we have struck the right balance, particularly on town and parish council governance. We are clear that town and parish councils have an important role. We are driving forward community power—something I am fundamentally passionate about and committed to—but we have balanced that with the imperative that national Government must not dictate the structure; that must be left to local areas to decide.
I would like to pick up on “brownfield first”, raised by the hon. Members for Ruislip, Northwood and Pinner, and for Guildford (Zöe Franklin). I continue to stress that the Government fully agree with, and support, the principle of “brownfield first”. There is no difference in policy intent here, and there never has been. We have demonstrated our commitment by strengthening support for brownfield development in national policy in December 2024, and we proposed further changes earlier this year. I have been clear that the NPPF is the framework under which planning policy and decisions are and should be made, and it remains the most appropriate tool for supporting brownfield development.
(2 months, 1 week ago)
Commons Chamber
Dr Cooper
I wholeheartedly agree with my hon. Friend. Together with my hon. Friend the Member for Halesowen (Alex Ballinger) and the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), I am an officer of the APPG on gambling reform, and we have been doing significant work to gather evidence on this issue over the past 18 months. The sad truth is that the highest numbers of adult gaming centres are predominantly found in our poorest areas. Areas of deprivation need investment, employment and development, not a drain on resources and an open door to the black hole of addiction.
However, Lords amendment 80 is only the start of what we need to do in this area to create environments where our populations can thrive. The “aim to permit” rule remains, and there will be a tension with gambling impact assessments, as it means that councils must still start from a presumption of granting licences, which limits their ability to respond to community opposition, high street saturation and local priorities, even in areas where there are clear concerns about overconcentration of gambling venues. The licensing committee of Worthing borough council recently turned down yet another request for a gambling premises on our high street, but that has now gone to appeal, and the presumption of “aim to permit” means that the balance of evidence is more difficult to hold, even with sound public health and local economic development arguments.
We must therefore continue to develop our legislative approach in this area. Once the impact of gambling impact assessments has been evaluated, we should make a decision on bringing forward legislation to remove “aim to permit” to give councils the right powers to protect and develop our local areas. Alongside that, as the impact assessments and “aim to permit” refer only to the opening of new centres, we must ensure that current licences are not being abused and that licensing codes are upheld.
Lords amendment 80 speaks to the desire of national and local government to enact legislation that lets people thrive in the places where we live. Creating a healthy democracy that has clear objectives and is properly resourced, alongside legislation that allows local government to protect populations from harm and to create healthy environments, is an integral part of this devolution Bill, and I very much welcome it for my area of Sussex and our country.
Lewis Cocking (Broxbourne) (Con)
In the interests of time, I will keep my remarks brief. First, I would like to speak in favour of Lords amendment 26, which would ensure a brownfield-first approach. If this were well and truly a brownfield-first Labour Government, they would support this amendment. Broxbourne has had its fair share of development, but targets are going up and up. This Labour Government have increased Broxbourne’s housing targets by 22%, while decreasing them in London by 11%. That is not fair, and it is creating loads of urban sprawl on the green belt in the village of Goffs Oak, which is under attack. This Government should be trying to protect those green spaces.
Urban sprawl is exactly why the green belt was put in place. Its purpose was to protect areas such as mine, my hon. Friend’s and many others that are on the periphery of some of the biggest conurbations and urban areas from urban sprawl. Does he agree that this Labour Government do not care about our communities? All they care about is an arbitrary housing target.
Lewis Cocking
My right hon. Friend makes a fantastic point, and she is an excellent campaigner for protecting the green belt in her constituency. The green belt around London was set up after the second world war to protect the periphery from urban sprawl. Just as her constituency is next to a big city, mine is next to London.
The Government are now proposing a new town right in the heart of this green space that was meant to be protected, with 21,000 new homes at Crews Hill, effectively joining my constituency to the urban sprawl of London. My constituency is completely different from London, and that green belt needs to be protected. It is a crucial buffer zone between the urban sprawl coming out of London and the ruralness of Hertfordshire.
Mr Forster
I thank my fellow member of the Housing, Communities and Local Government Committee for giving way, and I agree with his criticism of the Labour Government. Does he agree that the Conservatives also have an appalling record on defending our green belt and environment? In my Woking constituency, the Conservative Government’s planning policy forced the release of green belt in West Hall in West Byfleet so that there was the urban sprawl that the hon. Member is now speaking so strongly against.
Lewis Cocking
I gently say to my fellow Committee member that there are some horrific example of Liberal Democrat-controlled councils building all over the green belt, so this is not something on which he can preach from the sidelines, even though I do have respect for him.
It is important that we put this measure in the Bill, because we must protect the green belt at all costs. Development should be brownfield first because, as has been pointed out, brownfield sites are more often than not connected by transport links and have local facilities, whereas green fields and the green belt do not.
As I have said, my constituency is under attack from ever increasing housing targets, which are up by 22% while those in London are down by 11%. We are even under attack from a new town of 21,000 new homes. We are told that it is such a good location for a new town and to build on the green belt because it is near good transport links. I have driven on the A10 and the M25 at rush hour—I would welcome the Minister doing that—and it is chock-a-block. It is absolutely rammed. I do not know how those 21,000 people will drive their cars using the local infrastructure, because it simply will not cope. The village of Goffs Oak in my constituency is completely under attack from development on the green belt, which is why the Lords amendment is so important.
As I said in the Housing, Communities and Local Government Committee, there are thousands of unbuilt planning applications on brownfield sites up and down the country. Rather than concreting over the green belt, the Labour Government should be focusing on making developers build on brownfield sites for which they already have planning permission.
I welcome the Government accepting some of the Lords amendments, because I am incredibly frustrated with pavement parking across my constituency. Just last week, I saw reckless pavement parking in Cheshunt, where all four wheels of the car were on the pavement and people could not get by with a buggy or a wheelchair. We must hold people who park recklessly to account.
Anna Dixon (Shipley) (Lab)
I thank the hon. Gentleman for his support for the Government’s actions to give local authorities powers to ban pavement parking. Does he agree that, particularly for those with disabilities or who are blind, this issue is a real problem?
Lewis Cocking
I suspect it is an issue faced by Members across the Chamber, and I completely agree with the hon. Lady.
Where the amendments go wrong is that the Government plan to give the regulations to local transport authorities, rather than district councils. At the moment in my area, district councils do parking enforcement. We will have one authority with powers to enforce measures on pavement parking, and one authority with the parking and enforcement teams, which does not seem like a joined-up approach. We should not have to wait for local transport authorities, combined authorities and metro mayors to be in place. The Government could have brought forward simple legislation to give councils that are outside London the same powers that London councils have, so that they are able to issue penalty charge notices—yellow tickets—and control pavement parking throughout the country.
Finally, I will address consent for local government reorganisation. I am sure that lots of hon. Members have been out and about speaking to their constituents in the local election campaign, but not one resident across my constituency has spoken to me about consent for local government reorganisation. Not one of them wants to be put into a combined authority, to have a mayor or to move into a unitary local government system. I was on the Bill Committee, and we saw no evidence that the changes to local government structures will bring about more money for local councils or better services for residents. It is just the Government using their powers to force local government reorganisation in this country. That is why local councils have replied to letters from the Minister—they have been forced to do so.
These measures are an important part of the Bill, and we should allow local people to have a say over what structures they have in their local communities. I do not think any of us will go out in the local election campaign, speak to residents on the doorstep and hear them say, “What I really want in Broxbourne, Lewis, is for you to change the local council structures. I want a devolved mayor and a combined authority.” People actually want more effective local government that is connected to the people. [Interruption.] I can hear chuntering from Labour Members, but there is no evidence that any of that will save any money.
In fact, Conservative-run Broxbourne council has the lowest unparished council tax in the country, but through the measures proposed in the Bill by this Government, my constituents will be forced to pay more and higher council tax. I am not in favour of more taxation. The best people to spend their money in Broxbourne are the residents rather than the council, so I urge the Government to accept those Lords amendments and listen to local people.
Joe Powell (Kensington and Bayswater) (Lab)
It is a pleasure to follow the hon. Member for Broxbourne (Lewis Cocking), my former colleague on the Housing, Communities and Local Government Committee. This Bill is packed full of exciting measures, but in the interests of time I will speak about just one measure: my support for Government amendment 80 to introduce gambling impact assessments.
Many hon. Members will be familiar with what has become almost a gambling takeover of high streets across the country. What used to be a rarity is now all too common: slot machine casinos, often open 24/7, strategically located in some of the poorest neighbourhoods in the country, crowding out other local businesses, despite often vociferous local opposition. When residents and councils try to resist, it is often futile. The companies have become experts at manipulating the planning process. They submit applications, withdraw them and then reapply, and they oppose even the smallest restrictions to their operations. That grinds down local opposition and forces councils to spend money on legal battles that they could lose, so we can see why the incentives have been to give up and grant permission.
Miatta Fahnbulleh
I will make progress because there is very little time left.
I do have to take issue with the point about neighbourhood governance. We are told that we are centralising and trying to impose models on communities, yet on the question of neighbourhood governance, the hon. Member for Guildford and her party want to impose a particular model on communities. We say that is wrong, and we take a very different approach. Ultimately, it should be for communities to determine the right neighbourhood governance structure for their place. Town and parish councils—I agree that they exist in 80% of the geography—will have a role in this, and where that is the will of communities, that should be what those communities do. However, other communities will want to take different approaches, and we think it is right that communities should build on what they have, and that it should ultimately be for communities to determine what they do.
Miatta Fahnbulleh
I will not give away, but I will pick up the hon. Member’s point about local government reorganisation. In his defence, he has been consistent on this throughout all these debates. Candidly, if we think about the near decade and a half that the last Government had to deal with local government issues, while we recognise that the status quo is not fit for purpose, the Conservatives denuded local government with years of austerity and cuts. They could see that the model was creaking, and they did absolutely nothing to deal with it. We are acting where they chose not to act. The hon. Member can continue bleating about this but, fundamentally, we want local government structures that work and deliver services for communities. The Conservatives did not do that, but we are determined to do it.
My hon. Friends the Members for Worthing West (Dr Cooper), for Kensington and Bayswater (Joe Powell) and for Portsmouth North (Amanda Martin) made important points about our high streets and gambling, and I thank them for their tireless campaigning and advocacy on this fundamental point. We are committed to giving local authorities the powers to shape their high streets, which is absolutely critical. The gambling cumulative impact assessment is a first step in this process, as an additional tool for local authorities that will allow them to begin to shape their high streets, but we are clear that we must and will go further. Our high streets strategy will set out the further powers we will give local authorities to empower them to shape their high streets in the way their communities want.
Let me turn to my hon. Friend the Member for Heywood and Middleton North (Mrs Blundell), who has been a vocal and passionate advocate for reforms to the taxi and private hire system, which we absolutely recognise are necessary. We completely agree with her that the system is not fit for purpose, and I thank her for all the work she and many of my hon. Friends have put into driving forward the changes we have put into the Bill. We are clear that these are important first steps. Having national standards means we can ensure consistency of approach across the country and, critically, we are strengthening enforcement powers. However, we know that additional reforms must be put in place, and we are committed to bringing them forward.
Various hon. Friends have also mentioned the agent of change, so let me reassure them again that we absolutely recognise both their arguments and those made in the other place. We are committed to publishing guidance that will sit alongside the national planning policy framework and bite on planning decisions. It will be a powerful material consideration in decisions that are made. I can give my hon. Friend the Member for Sunderland Central (Lewis Atkinson) the reassurance that the Minister for Housing will meet him and other Members to think about how we can continue to strengthen and build on that important policy.
Returning to brownfield first, which has been raised time and time again, there is no disagreement on the policy. We are clear that we will take a brownfield-first policy, and we are clear that that exists within the NPPF. We are putting in the funding required to ensure that that happens. I reiterate that we do not think we should lock rigidity into the system and in legislation. We think that national planning policy is the space and the place in which this should bite.
If I may, Madam Deputy Speaker, in my final minutes I would like to take a step back. We have shown that we are willing to work with Members across the House and to make sensible changes to the Bill in response to genuine concerns. There is no disagreement across the House about wanting a strong Bill that does the job of transferring powers and control to our communities and our local leaders. What we cannot and will not accept are amendments that undermine that core principle—some of the amendments from the very party that accuses us of centralising do exactly that—but nor will we accept amendments that fundamentally go against the principle that we must strengthen the institutions and structures of local government so that they can deliver for our communities.
I place on the record my thanks to Members across both Houses for the constructive way in which they have engaged in debate on the Bill. I look forward to continuing those constructive conversations, with a view to securing agreement across both Houses. I believe there is a genuine consensus on the need for devolution. It is a big step change in the way that government has operated for decades, when the centre thought it knew best and imposed its will. The Conservatives had 15 years and failed to act. [Interruption.] Almost 15 years—it felt like 15! There must a consensus on changing the way that government works. The Bill is an important first step forward. I urge Members, both in this place and in the other place, to ensure the Bill achieves Royal Assent, so we can move forward.
I again put it on the record that the Government are very clear that this is the first step. This is not the ceiling of devolution; this is the floor. The job for us as the Government, and for Members across the House, is to ensure that we continue to work together to build power and control locally, because that is how we will drive change in our places for our communities. I commend the Government position on the Bill, and I ask Members across the House to support that position. We want to be constructive, but equally we cannot miss the opportunity to achieve Royal Assent. I urge my colleagues to resist and reject the amendments that we do not support. We do that not for the fun of it, but because we think they will weaken the Bill.
Question put, That this House disagrees with Lords amendment 2.
(2 months, 2 weeks ago)
Public Bill CommitteesI will speak first to clause 48 and associated schedule 3, before addressing Government amendments 14 to 17 and new clause 40, tabled by the Opposition.
The current legislative framework for absent voting was designed for a very different electoral landscape. Today, far more people vote by post; supply chains and administrator resources are under greater pressure; and expectations around reliability and timely delivery have changed. Developed in consultation with the electoral sector, clause 48 modernises and strengthens the absent voting system to reflect those realities. It streamlines administration, gives electors greater flexibility and ensures that safeguards around the integrity of absent vote applications remain robust.
These measures will enable postal voters to take part in elections with confidence, by helping to ensure their ballot is issued and delivered in good time, while allowing a switch to voting in person or by emergency proxy if their ballot is delayed. They will not apply to Northern Ireland because of the different absent voting regime there and the stricter security requirements around absent voting, which are a result of the history of electoral fraud in Northern Ireland.
Setting clearer rules and deadlines will give electoral administrators the confidence and certainty needed to manage their workload effectively and keep the absent voting system running smoothly at the most demanding points in the electoral timetable. The integrity of our elections is of paramount importance. The clause also strengthens safeguards in the absent voting system by clarifying identity verification requirements, and introduces a clear statutory determination deadline for identity verification. I commend the clause to the Committee.
Government amendments 14, 15 and 16 remove a regulation-making power that the Office of the Parliamentary Counsel has advised is unnecessary. The Bill already provides that a proxy with a long-term proxy postal voting arrangement can make temporary arrangements for a particular poll without affecting that long-term arrangement. Where a proxy instead applies for a proxy postal voting arrangement for a particular election, the correct outcome is that the long-term arrangement is cancelled. That is the policy intention, and the Bill already delivers that without the need for regulation-making powers. The amendments therefore simplify the legislation, remove redundant provisions and ensure the law operates clearly and consistently for electoral administrators.
Government amendment 17 ensures consistency between the absent voting regime and the proxy voting offences in section 61(1A) of the Representation of the People Act 1983. The Bill already allows someone who has applied to be registered, and is only awaiting the end of the objections period, to be treated as a person who “will be registered” for absent voting purposes. Without the amendment, that same person could be granted a proxy vote but might not be legally capable of committing the offence of acting as a proxy for too many electors if they knowingly breached the proxy limits. The amendment closes that gap, reflects the advice of the Office of the Parliamentary Counsel and ensures that the law operates clearly, consistently and as intended. I commend the amendments to the Committee.
New clause 40 seeks to require electoral registration officers to share information with political parties about electors whose postal voting arrangements have expired. While supporting voter participation is important, the Government do not consider the new clause to be workable, proportionate or necessary. As drafted, it does not provide access to postal vote expiry data itself; instead, it links disclosure to details supplied in proxy vote applications for parliamentary elections, which is not how postal voting arrangements are recorded or renewed in practice.
Most postal voters will never have applied for a proxy vote. As a result, for many electors whose postal vote has expired, there would simply be no proxy application data to disclose, meaning that the new clause would not achieve its apparent policy aim. There is also a clear mismatch in scope. The new clause refers to postal vote expiry for
“elections of the kind in question”
but limits disclosure to proxy applications made for parliamentary elections, significantly narrowing and distorting the dataset that would be available.
A question of principle is also at stake. Electoral registration officers already have a legal duty to notify electors directly about when their postal voting arrangements are due to expire and to provide them with information about how to make a fresh application to vote by post. That ensures that voters are informed at the right time without reliance on third parties.
Lewis Cocking (Broxbourne) (Con)
When postal voters are notified by their local authority that they are about to drop off the roll, does the Minister agree that they should not always be encouraged to do that online? Some people who have postal votes do not want to make online applications. Does she also agree that they should be sent a fresh application from the council, with a freepost envelope for its return, so that they can keep their postal votes?
I thank the hon. Gentleman for his question. It is appropriate for electoral registration officers to use their discretion in the circumstances that he describes. They can do that already, and should continue to do so, rather than the Government prescribing the route that they should follow.
Finally, requiring electoral registration officers to respond to ad hoc requests from political parties, alongside their existing statutory write-out duties, would impose a substantial and unnecessary administrative burden. For those reasons, the Government cannot support new clause 40.
(3 months, 1 week ago)
Public Bill CommitteesNo. I absolutely do not take the hon. Gentleman’s comments as an insult to me. He is absolutely right; as young activists for our respective parties, and from some of our conversations at our desks, we could only be described as “odd”. I am sure that applies to pretty much all members of the Committee, as he insinuated.
Again, we have a set election period. People who want to go out and vote will know the expectations of them in the current system. Therefore, the scenario the hon. Member described would be a very minor issue. My line is that, for the integrity and safety of the system, people should know what the system expects of them and there are ways to allow them to cast their vote.
Lewis Cocking (Broxbourne) (Con)
The shadow Minister is making an excellent speech. He has probably seen, like I have, leaflets from all the political parties represented on this Committee that tell people what form of ID is acceptable way before we even get into the election period or the election date is just around the corner. Does he agree that there are multiple touchpoints for people to understand what forms of ID are acceptable for when they cast their vote?
I absolutely agree with my hon. Friend, who was even younger than me when he got into politics, and is even younger than me now, as a very young member of this House. He knew when he was expected to go out and vote. He is right that all political parties are able to put out in their literature the expectations of people and what forms of ID are available. The Government’s watering-down is disastrous for democracy and will weaken the integrity of the system.
I am not sure whether the hon. Gentleman is advocating new clause 19, but it is absolutely clear that three is too many. He may be willing to accept that there were three cases that were proven—as was the 2022 case in Eastleigh—but I do not think there should be any examples of voter fraud, and I certainly do not think that any responsible Government should make it easier for that to happen. I agree that it will be harder to impersonate somebody than it would be under the system proposed by the Liberal Democrats, but photo ID shows the face and eyes of the person who is going to vote.
Allowing the use of a bank card, which can have a different form of the person’s name, and has no date of birth or address, would make it easier to impersonate somebody. I have four bank cards in my wallet—probably because I am in so much debt. On each and every one of those cards, my name is written differently: there is “P Holmes”, “Mr P. J. Holmes”, “Mr Paul Holmes”, “Mr Paul John Holmes” and “Mr Paul J. Holmes”. They are all different, and a card would be the only thing that a volunteer at the polling station would have to adjudicate.
I put it to the Committee, and I strongly put it to the Minister, as I did in the evidence session, that this is a retrograde, reckless step that will increase identity fraud and voting fraud. Every expert in the evidence session who was asked said that they had concerns about bank cards being used, and that it would water down the system. We strongly contend that that is the case, and we oppose the new clause. We obviously support amendment 30. The official Opposition think this proposal is a bad thing, and we vigorously oppose it. I urge the Minister to change her mind before we get to the final stages of the Bill.
Lewis Cocking
I rise in support of Opposition amendment 30, and I will make some comments new clause 19 as tabled by the Liberal Democrats. The biggest thing that puts votes at risk is to keep changing the eligible ID on the list. We have just heard from my hon. Friend the Member for Hamble Valley about the different names that can appear on a bank card. We are yet to hear from the Government what name would need to be on a bank card—would it need to be the person’s initials, their surname, their first name, or their middle initial and surname? That will make it very difficult for clerks and polling station staff to adjudicate in busy polling stations.
If guidance comes out and says, “You need your first initial and your surname. We won’t accept anything else,” that will be confusing for people. People will turn up with bank cards that are not eligible under this system. The Government are trying to make it easier for people to cast their vote by not safeguarding democracy and not requiring ID. That will create confusion.
I do not see how we have come to the conclusion that we should put bank cards on the list. It would be interesting to hear from the Minister what other forms of ID were considered when she sat down with her officials and said, “I know what we are going to do. We are going to add bank cards to this list.” What other forms of ID were considered, and what was considered not appropriate? I think that is a fair question to the Minister.
We also heard from the shadow Minister about electronic bank cards, which will be a particular issue when people turn up to the polling station and polling clerks need to check them. When I did telling at polling stations before people needed photographic ID to vote, most people turned up with ID anyway, and most people I spoke to were shocked when I told them that they did not need ID. The fact that voter ID has added integrity to the process, and that most people now think voting is more secure, is a good thing. I do not support new clause 19, which would be a step backwards in that regard.
We can all play our part in enabling people to access free voter ID. The hon. Member for Ashford suggested earlier that 16 and 17-year-olds might be put off voting if they did not have ID, so why have the Government not come forward with a programme to give out free voter ID at secondary schools when people are registering to vote? That would be a way to solve some of the problems that he thinks may come out of the Bill. The Government could be doing that.
Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)
I hear what the hon. Gentleman says about younger people, but what about the older end of the spectrum? My mother decided that she would give up driving at the age of 84, last February. No longer being behind the wheel of a car was a sound decision for her and probably for most of the people in the local area, but it means that she has given up her form of photo identification.
My mother has voted in every election in which she has been able to; it is something that she finds particularly important. She is not particularly up on online banking or digital banking, but she has a physical bank card and is happy to use it. What advice would the hon. Gentleman give my mother, who is very wary about spending lots of time applying for passes and does not have photographic identification?
Lewis Cocking
We will not stray into the issue of online banking, banking hubs and high street banks, but I have some sympathy: I have family members who do not want to do online banking. The hon. Lady’s mother can get a free voter authority certificate from the council, or she could choose to vote by post, and then her signature would be checked and verified by the council. There are two options for her to pick from. I do not understand why we think this is so difficult.
As I said when intervening on my hon. Friend the shadow Minister, I have seen political leaflets from every party represented on this Committee showing what forms of identification people need. That is before we even get to the election day, and way before the deadline that the hon. Member for Welwyn Hatfield mentioned regarding the voter authority certificate. Voter ID has been in place now for a number of elections. I have been turning up at polling stations since the legislation came into place, and in all those hours I think one person did not have ID—and they came back with it later in the day.
As I said in the evidence session, I question the data that is being collected. It is not clear that we are capturing the data on whether people come back later in the day with their identification. It was also mentioned that people get turned away at the door and might not even make it to the clerk’s desk. How many of those people come back? They will not be captured in that data. Voter identification is a good thing, and I am extremely concerned that we are watering it down. As I said, the Government are putting people who work at polling stations in a very difficult position, because it is not clear what type of name—first name, initials or surnames—needs to be on the bank card. We will have more disputes under the new system that the Government are trying to introduce than we have under the system that we have now.
Lisa Smart
It will not surprise anybody that I am not in favour of amendment 30 and will speak in favour of new clause 19. Before I get into that, I will speak briefly in favour of clause 47 and Government amendments 10 and 11. If we have voter ID, it should be as wide and as accessible as possible, so I will not speak against those provisions.
Lewis Cocking
What the hon. Lady has just outlined has no effect when it comes to a provisional licence, which is photographic ID.
Lisa Smart
The point I am making is about bank cards in particular. I want it to be as easy as possible for people to vote, and the Electoral Commission’s evidence was that the barriers put up by requiring photographic ID particularly impacted certain demographic groups, including young people, who often face additional barriers in terms of understanding how the world works.
The hon. Gentleman and his colleagues have talked about how they have a number of bank cards and understand the system. That is great, but they are from a demographic group for whom the modern world is built, and it is not the same for everybody. If a person rents, often changes address or does not speak English as a first language, the world is harder to navigate, but everyone who is eligible to vote should be able to vote.
Bank cards are among the most common everyday items, but amendment 30 seeks to restrict that widened category, creating a barrier to entry that mimics a credit score-based franchise. Many legitimate voters, particularly younger people, including the 16 and 17-year-olds who are to be enfranchised, and lower socioeconomic groups, use basic banking services that do not require formal credit searches. We heard in the oral evidence sessions last week from Peter Stanyon, of the Association of Electoral Administrators, who pointed out that the measure would add unnecessary complexity for polling staff, some of whom are volunteers. It would require them to understand the nuances of credit check markers on cards, which would be an impossible administrative burden.
New clause 19 would abolish the legal requirement to show photo ID when voting in person in Great Britain. Liberal Democrats were not in favour of it when it was introduced, and we remain not in favour of it today. I have heard it described repeatedly as a solution in search of a problem. Before the introduction of voter ID legislation between 2019 and 2023, out of tens of millions of votes cast, only 10 people were convicted for personation during a UK election, and yet the scheme saw 16,000 voters turned away, according to evidence from the Electoral Reform Society.
This is not a crisis that required the legislation that was brought in. The Government are now trying to extend that, and it is certainly not a crisis that justifies the Conservative amendment before us. We believe it would make things worse rather than better. Restricting bank card voter ID only to cards issued after a formal credit check would significantly narrow eligibility, and we do not support that.
We believe that voter ID requirements should be scrapped because they are a deeply unfair policy. If bank cards, which include only a name to provide verified information, are seen as acceptable forms of ID, would it not make sense to extend the provision and allow any form of personal ID to be shown at the polling booth? Partial improvements are not enough when the underlying principle and policy remain deeply flawed.
I have mentioned some of the evidence presented to us by the Electoral Commission. Further evidence from the organisation showed that the number of voters turned away was 50,000 at the last election, with 34,000 of those people returning to exercise their right to vote. Meanwhile, the University of Manchester found that almost 2 million people did not have the right ID to vote in 2024. These people are not just a statistic; they are individual citizens who were not able to exercise their democratic right.
I remember knocking on doors at the last election and speaking to somebody who was livid that she could not exercise her right to vote. She had recently been divorced, and she had changed her name as a result. That meant that a lot of her ID was in her old name and so she was unable to cast her vote, which she felt very strongly about. She talked to me about the women—the suffragettes and suffragists—who had died to ensure that we had a right to vote. I remember that conversation on polling day very clearly.
We have talked already about how these measures disproportionately affect some communities over others. Hope Not Hate reported that 6.5% of ethnic minority voters were turned away from a polling booth at least once, compared with 2.5% of white voters. Evidence from the Electoral Commission shows that those in the C2 and DE social grades were significantly more affected, with 8% of lower-income non-voters saying that they did not vote because they lacked the required ID, compared with 3% of higher-income voters. We should not be stopping people who are entitled to vote for want of the correct photo ID. This is a solution in search of a problem—and for that reason, I commend new clause 19 to the Committee.
(3 months, 1 week ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lewis Cocking (Broxbourne) (Con)
The criteria for choosing the Government’s preferred options for local government reorganisation seem to have been applied differently in Surrey than in Hampshire and Essex. Will the Government release their reasoning behind it? Let me be clear: when it comes to Hertfordshire, I do not want any reorganisation at all, but if this is forced upon us in Broxbourne, I favour the four unitaries option. Will the Minister meet me to discuss this so that I can put forward my case for my constituents, as it was wrong how many colleagues found out yesterday about their options from the media?
There were a couple of questions there. I have met the hon. Gentleman before and, in compliance with the process we are undergoing with reorganisation, I will happily meet him again. He has put his views clearly on the record and they will be taken into account.
(3 months, 1 week ago)
Public Bill CommitteesThe 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?
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.
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?
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?
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.
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?
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?