Representation of the People Bill (First sitting)

Lisa Smart Excerpts

Wednesday 18th March 2026 Public Bill Committees

[The Chair]

Before we start, do any Members wish to declare any interests in connection with the Bill?

[Lisa Smart (Hazel Grove) (LD)]

I know some of the witnesses through non-parliamentary activity. When they sit down, I will explain to the Committee my connection to them.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I declare that I am an unpaid parliamentary vice-president of the Local Government Association, which has supplied one of the witnesses for this panel.

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[Paul Holmes]

Q Thank you, Chair; that is very kind of you.

Welcome, Ms Yule. The other witnesses would argue that the Government’s intention is to make voting easier and extend the franchise. I put to you the question I asked them earlier: do you consider that local authorities and chief executives have been consulted enough at this stage—notwithstanding the fact that the Bill has to go through its passage—about the proposals in the legislation? Are there burdens that you are not quite sure you can meet yet on behalf of your members?

Emily Yule: On behalf of Solace, I have been involved in lots of conversations around the development of the strategy and the Bill. We have really appreciated that collaboration and that ability to influence the design of the provisions. I always say that the devil is in the detail, so implementation is going to be really important. Chief executives, returning officers and electoral registration officers need to have a clear understanding of the timelines for implementation and the guidance, so that we can ensure consistent application of those new provisions.

In my view, consistency is what builds credibility and trust in the democratic process. At the moment, I do not think that there is huge concern among the sector that any of the items are undeliverable, but we would, of course, always ask for resourcing to be considered and any new burdens funded to put those implementation plans in place.

[Lisa Smart]

Q I am an unpaid honorary vice president of the Local Government Association; as a former councillor, I am delighted that we are hearing from the LGA.

I have two strands of questioning; one is around timing. The Bill proposes some changes around postal votes and bringing forward the dates for postal votes. We have seen too many people miss out on their opportunity to vote because of some of the issues relating to Royal Mail that you talked about, Mr Stanyon. That is particularly acute with those living overseas for a time, whether they are serving in the armed forces or otherwise.

We all welcome the bringing forward of the dates, but can you say a little more about how many of those issues will be addressed by changing the dates for postal votes? Are there other measures—for example, allowing people to print their own ballot papers or to submit their vote at overseas embassies or consulates—that you would see as useful in enabling more people to vote?

Peter Stanyon: In terms of the practicalities of the proposed time changes, the best evidence I can give is from the last general election—the parliamentary election a couple of years ago—when you saw significant spikes in applications towards the end of the period. The date is currently 11 working days before the poll; it is proposed to move that to 14. That has meant that there is a big pinch point—not just for the electoral registration officer, who has to process the applications, but because the Elections Act has brought in additional identity checks that now need to be done for postal voters.

Currently, there is almost a perfect storm 12 and 11 days before the election with registration applications and applications for postal votes. Moving that deadline slightly further back allows the same work to be done—checking identities and physically getting the data to the printers—so that the packs can be produced and got out three days earlier than they can now. That will not go every step of the way to solving the overseas issue, because you are still talking about 12 or 11 days for ballots to go out and back; you are relying not just on Royal Mail but on overseas postal services as well. To answer the first question, this is a positive step, but it must be seen in that light—it is moving in the right direction, but it will not solve every issue that has been identified.

As far as overseas electors are concerned, this has been an age-old issue. I was thinking the other day that I have been in the industry for over 40 years—that is scary—and I have seen significant change in that time. Overseas electors have always been an issue because you are physically getting the ballot paper to them and back. It is an area that can be investigated, but we need to be careful about it. Could you have things such as printing your own ballot papers? Could you have an overseas electors constituency, which would make things slightly different? Could you have online voting, for example? I am not proposing any of those. It is an area that needs to be really thought through: what is beneficial to the elector or the voter, but also what is suitable for the system we are trying to maintain?

At the moment, the system is very paper-based and secure, but we already know it has those issues. This is not a new thing; it is just that there are far more postal voters than there used to be. The issue has been here for the whole of my career.

Councillor Bentley: All I would add to that is timetabling and making sure there is enough time for local authorities to do the printing. I am reminded that the cancellation of a whole slew of elections was proposed and then suddenly they were not, and everyone is on catch-up to make sure it all happens. They will do it, because we have brilliant staff in local government, but it is not always about them—it is about the suppliers for the printing, the paper and all the rest of it.

Provided that time is built in to make that happen, then this is a good thing. Anything that makes it easier for people to vote and participate in elections has to be a good thing. Postal voting is increasing, but we must build in the correct timetable so that authorities can get the printing done.

[Lisa Smart]

Q My second question is picking up on Ms Yule’s point about harassment. It is a very good thing to bring electoral staff into the consideration of that; I think everybody sensible would agree.

From my experience of being involved in elections, there is sometimes a lack of clarity on who to go to with problems—is it the RO or the police? Is there a uniformity in how the law is enforced? Different police forces have different experiences or resourcing levels when it comes to pursuing somebody breaking election law. Can you talk about how you see the Bill addressing any of those issues or about areas where you think it could have gone further or been clearer?

Emily Yule: Some of that is already being addressed in practical terms. There has been a lot of joint working between the Ministry of Housing, Communities and Local Government, the police and local returning officers to make sure that those contacts within police forces are very visible, and that you know how to get in touch and report issues.

Our members still experience a disparity in the level of engagement in different force areas, but we see a commitment coming forward to try to balance that out. There is a critical part around communication with candidates, agents and others involved in the electoral process, so that they really understand. There is a guidance element about when it is a returning officer issue, when it is a police issue and when it is an Electoral Commission issue. The Bill has an opportunity to consolidate that good practice, but it is emerging and we have started to see it coming through in recent elections. As the specific, dedicated officers within police forces build up knowledge of electoral process, offences and issues, that will only increase.

Councillor Bentley: I pointed out the issue of harassment in my first answer, by which I meant harassment of both candidates and officers. Clarity of the law is very important, as is people understanding what is an offence. It is important for the police to have that clarity as well. You do not have police officers here, at least not in this session, but they have a difficult job in working out what is just a disagreement and what is harassment. That happens in elections.

We must not forget that a lot of this will take place and has taken place on social media. We need to make sure that the law is very clear. I am in favour of the harassment bit being in the Bill—it needs to be highlighted. However, we need greater clarity about what is an offence and what is not.

[David Simmonds]

Q There are two areas I would like to explore briefly. We heard a lot from the local government family about the chaos created by elections being cancelled, then uncancelled, and so on. Part 3 of the Bill includes a number of provisions to change the arrangements for elections. We heard about police needing to be put on the rota, then cancelled, then put back on again and schools needing to close, then reopen, then close again because polling was going ahead and then not. What are your reflections on the timeline, the consequences of those changes and the considerations that go with that?

Secondly, new clause 37 is about the provision and use of election materials in non-UK languages. We heard a great deal about that in the recent Gorton and Denton by-election, when cross-party concern was expressed. What should the Bill say? Should that new clause be part of it? Do you have an alternative body of evidence suggesting that a different approach is required?

Councillor Bentley: I would put in a plea for village halls, because they are vastly used and other organisations cannot use them for that entire day. If you are going to make changes to the electoral system, there needs to be clarity around that in advance. We do not want knee-jerk reactions so that suddenly all plans are off, then on, then off, then on again. We cannot have that. We need to be clear if elections are going to change.

We are going through a great period of local government reorganisation, which may happen on other occasions. We need early indications so that we can prepare properly—not only the people organising the elections and the candidates, but people who may think that they can use their village hall or school and suddenly cannot. We need to have clarity in advance. It cannot be left to the last minute.

On languages, from an LGA point of view all I would say is that it is important that everyone entitled to vote has the ability to understand what is actually happening. I think that is a fair way of putting it.

Peter Stanyon: I echo the comments on timing. The word I often use around elections is “certainty”. For scheduled polls, you usually plan six months in advance. In reality, I think a lot of the authorities carried on during the on-off period when the local government polls were rescheduled recently. Parliamentary elections have six or eight weeks’ notice; you are doing six months’ work in eight weeks. It puts on pressure. Going back to the earlier point on the timing of postal votes, for example, anything that gives two or three days in a timetable is a huge benefit—not just for administrators, but for the suppliers who deliver those things.

Going back to the earlier point on harassment, intimidation, translation into different languages and things like that, there needs to be a wider understanding of what elections are all about. We are living in a modern age, but elections are very much based on paper and pencil. They are trusted, in the main, but at the end of the day it is about making clear what the electoral process actually is. Some of the feedback we received about recent by-elections was simply about a misunderstanding of what the process is. There is an obligation on returning officers, the Electoral Commission and local authorities to do what they can to explain it, but there is also an obligation on candidates and parties to understand the changes coming in.

We almost need a reset, to say, “What is the best way of engaging with voters to give them what they need?” I am sure Emily will echo this point, but the one thing that an RO will not want to get dragged into is any debate about whether something is crossing a line that they do not have control over. There are very, very strict boundaries at the moment. I will not say it is a safe place for returning officers to be, but it means we have the certainty to say, “That is a police matter,” or “That is a commission matter,” or “That may be a planning control matter,” for example. It is about taking a step back and learning about how we deliver elections, and that goes right from young people all the way through the system. It is also about having a reset, to say, “Where are we now?” because there is lots of misinformation flying around from various sources.

Emily Yule: I echo Mr Stanyon’s points about the different sources of information. The Electoral Commission and the returning officer must be the trusted source of information for the democratic process for electors. We would, of course, welcome any provisions that improve accessibility and engagement, but it has to be within those boundaries of trusted and credible information.

In terms of changes in electoral law, we always seek a six-month implementation window. Any change to this system will bring an element of risk, but our very skilled administrators and leaders across elections know how to deal with change and address it, and they will deliver safe elections. But having a six-month lead-in provides that security. I will repeat a comment that Solace often makes on behalf of its members: we would ask for indemnity for returning officers when any changes are brought in very close to an election, which may result in issues that are not any fault of the returning officer.

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[Samantha Dixon]

Q We work very closely with the Electoral Commission, but you act without fear or favour. It is important for your independence to be respected and for your objectivity as an organisation to be carried forward for the future. In your objective view, how will the proposals in the Bill progress the security of and participation in elections?

Vijay Rangarajan: Thank you, Minister. Broadly, we very much welcome the Bill. If I might go into a little detail about which areas, it picks up some of the crucial changes after the 2024 general election. For example, the change from 11 days to 14 days on postal voting will make a real difference, particularly in Scotland. We saw real issues about that in our post-poll report; I will not run through all of those, but the changes in the strategic review part are very important.

As I said, we very much welcome the changes on campaign finance. We would like to see that go further in the company donations area; our proposal is to use profit, not turnover, as the metric for what a company should be able to donate, and it should be able to donate that profit only once every year.

We strongly welcome the provisions on automatic voter registration, because up to 8 million eligible British voters are not on the register. That is even more important with the other part of the Bill—votes at 16—coming in. Being able to add attainers at 14 and 15, and then letting 16 and 17-year-olds be on the register, will remove a very clear barrier. Last week, we had “Welcome to Your Vote Week”, and that issue was raised quite broadly by youth organisations as yet another barrier for 16-year-olds. We also strongly welcome the elements on candidate safety, and they should all help.

Overall, it is a very strong welcome: the Bill is necessary, and it picks up some long-standing recommendations, as I have said. We also warmly welcome the Secretary of State’s commitment to repeal the SPS—the strategy and policy statement—for exactly the reasons you have mentioned. The Bill will never completely fix everything. I think this will be the 27th Representation of the People Act, so there is a never-ending process of trying to keep this going. A lot of work needs to be done outside the Bill—for example, with the police or on social media—but it will distinctly help with many of the processes involved.

[Lisa Smart]

Q I should declare that I am a member of the Speaker’s Committee on the Electoral Commission. You have already answered one of my questions, which was about profit being a better measure than turnover for companies donating, so I will not ask you about that.

The Electoral Commission’s press release in response to the publication of the Bill said—I cannot remember the exact phrasing—that the Bill was welcome but that it did not go quite far enough, and that the commission would like to see more measures to tackle issues with where we are in our democracy. Trust in politics is at a very low level, and trust in our democracy is an important element in our democracy remaining legitimate and in our having the trust and faith of the electorate. What more would you like to see the Bill do to rebuild trust in politics?

Vijay Rangarajan: There are a couple of areas where we would like to see further work. I have already mentioned company donations—that is crucial. To be clear, our polling shows that while trust in politics in general is quite low, trust in the electoral system is very high, as two of your previous witnesses said. That is important.

We would like the “know your donor” provisions to be strengthened. At the moment, to pass them, a political party accepting a donation would need to produce a risk assessment, but it would be good if that had to be public, sent to us or used in such a way that others could judge whether there was a reasonable risk of a party accepting impermissible donations. We know that that is one of the areas the public have least faith in: somewhere between 14% and 17% of the public think the political finance system works for them.

The second area is automatic registration, where it is less about the change in the Bill and more about implementing it before the next general election. Most countries have systems like this, and they work well. We know the data sources quite well. We recently evaluated four pilots in Welsh local authorities, and showed that they were very successful at boosting not only the completeness of the register but, crucially, the accuracy. There is not a tension between completeness and accuracy when you are using good data sources. We can now do that.

Another area to flag is overseas voters, which I think your previous witnesses mentioned. In many cases around the world, we think they have a hard deal in actually being able to vote. We would like to see further work to help them.

Finally, if the Committee does not mind, I will just ride my hobby horse. This will be the 27th Representation of the People Act, and some consolidation and simplification of electoral law is necessary, not least for electoral administrators, parties and candidates. We would very much like to see a broad-ranging, cross-party and Government commitment to do some consolidation over the next few years.

[Sojan Joseph (Ashford) (Lab)]

Q I want to ask a question about foreign donations. The Bill seeks to ensure that any company making political donations must be able to demonstrate that it has a genuine connection to the UK. Do you believe that that will be sufficient to prevent foreign-linked entities from donating to political parties?

Vijay Rangarajan: We think that it is a very useful change but that it does not go far enough. We see a range of threats—I must admit that this is drawn from our experience of looking at other elections in other countries and working with partner electoral commissions —and that includes online. In the financial space, there is a distinct attempt by people to channel money into other people’s politics. It would be perfectly possible, even with the provisions you mentioned, for people in other countries, or impermissible donors in general, to channel money through a company, even if it had that linkage. That is why some kind of a cap on how much a company can donate, based on profit, coupled with the other tests the Government have in the Bill—for example, on persons of significant control—would be really helpful.

That will not completely eliminate the risk, and we look forward to what Philip Rycroft says about any other measures that may be needed, but we think it will help not only to reassure parties that they are at lower risk of accepting impermissible donations, which is a criminal act, but to reassure voters that the system is being kept under close review.

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[Samantha Dixon]

Q In the strategy that the Government published last year, we set out that our electoral system is not keeping pace with an ever-changing world. How will the Bill bring us forward and keep us up to date?

Dr Garland: Many of the changes feel to me that they have been a long time coming: we heard from the Electoral Commission, which made a lot of these recommendations, about tightening political finance many years ago. There have been the large gaps in the completeness of our electoral register since at least 2011, and the Electoral Commission’s feasibility study was back in 2019. A lot of the changes are therefore catching up, rather than keeping pace.

One area where it is challenging to keep pace is in the digital sphere and online campaigning, but also in political finance. The Bill currently does not address cryptocurrency, which is a fast-changing area, so there are certainly areas where it is difficult to keep pace. “Keeping pace” is an important way to think about it, because of course in a democracy, unless we are moving forwards, we are necessarily sliding backwards. That is a challenge. We have to keep changing in order to protect what we have.

The one area that has changed the most in the past two years has been the electoral landscape. We are seeing things that we have never seen before—massive party system fragmentation and huge amounts of voter volatility—and that is having an effect on the operation of our electoral system. I appreciate that that is not covered in the Bill, but that does feel like one area where the Bill might find itself a bit out of step with what is happening in the wider electoral landscape.

[Lisa Smart]

Q For the record, Dr Garland and I used to be fellow trustees on a charity for a number of years. [Interruption.] No, I do not know every witness, but it is not far off.

In page 7 of your written evidence, Dr Garland, you talk about new clause 1, tabled in my name, on the voting system. That is something that affects a number of people, in the context of the changing landscape that you just laid out. We had the most disproportionate election ever in 2024, with a party that got a third of the votes getting two thirds of the seats and pretty much 100% of the power. Will you say a little more and expand on the comments you made about why a voting system change would better reflect the situation in which we find ourselves in 2026 and beyond?

Dr Garland: It comes down to the fact that first past the post, as a voting system, is designed for a two-party system. We have moved hugely towards a multi-party system, particularly in the last two years. In that circumstance, when you have many parties in contention, you end up with representatives elected on less than 30% of the vote. Whether you see that as acceptable or not, that is not what a majoritarian system is supposed to do, and it makes it incredibly confusing for voters.

If we think to the next general election, people will find it very difficult to know how to make their vote effect the outcome that they want. When you are in a multi-party system, but you are using a two-party voting system, you end up with very chaotic and unpredictable results. That is very bad for voters. We might also see Parliaments that really do not reflect how voters have voted, and that could do a huge amount of damage to trust in democracy, which is already on a life support machine.

[Lisa Smart]

Q So the position of the Electoral Reform Society would be that a change to a more proportionate system would better reflect the current situation and would improve trust in politics?

Dr Garland: And give more stability and predictability to our electoral outcomes.

[Andrew Lewin (Welwyn Hatfield) (Lab)]

Q Good morning, Dr Garland. We had a sharp fall in turnout at the last general election, and we have already spoken this morning about 8 million people not being registered. I support the principle of automatic voter registration, but I am keen to talk in a little bit more detail about how we would pilot this, because the Bill makes provision for pilots. I am interested in your take on what information we would need to undergo a pilot, and how quickly that could be established and up and running.

Dr Garland: As we heard earlier, timing is absolutely key. We need to get a move on and implement these things. In terms of the pilots, it would be really good to have a broad range of areas and datasets to look at. Ultimately, the goal has to be, “Can we find those missing millions?” We know that the 8 million missing off the register are not evenly distributed, and that certain groups are much less likely to be registered. Those are young people and people who move home more frequently—renters, for instance. I would like to see that looked at carefully, so with whatever data we get from pilots, we should ask, “Are we getting those people on the register?” Ultimately, that has to be the goal.

There are other benefits, such as making things easier for electoral registration officers. Cost savings are likely to come out of it as well, but the core has to be, “What is going to have the most coverage?” That could be a combination of automatic voter registration and assisted forms of registration, which is your motor voter-type thing, where you are prompted to vote with other services. I know that the Government are looking at that, and I welcome that very strongly. Whatever we can do to find those 8 million missing people and get them on the register in time for the next general election will do wonders.

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[Samantha Dixon]

Q It has been a pleasure to work with the devolved Administrations in the interministerial work that I have done. Also, the officials have worked across all the Governments in the UK, which has been very productive. All of you have mentioned alignment, and that is an ambition that the Government have set out in this Bill. To what degree have we achieved that, and where could we go further?

Karen Jones: Thank you for the question, and thank you again, Minister, for the opportunity to contribute to the early stages of this Bill. We are really pleased to see a number of the long-standing proposals from administrators to make life a lot easier for voters and also administrators reflected in the Bill. We are very much supportive of that.

In terms of alignment, the devil will be in the detail, as we look at the rules for implementing the policies that the Bill contains. As I was saying about automatic voter registration, it will come down to the franchise and the timing elements. It may well be that we have to live with some disruption in the short term while we pursue greater alignment in the medium to long term. I think it is a step in the right direction, but more work will need to be done as we look at the detail of the Bill’s implementation.

Similarly, if there is a UK-wide approach to votes at 16 and 17, it will make it easier to engage with young people. We have found with votes at 16 and 17 in Senedd elections that, because we have years in between when young people are not casting their vote, the engagement can be a bit stop-start. But a consistent policy across the UK will make it much easier for us to work collectively to make sure that young people and others are educated as to why they need to participate in the democratic process and understand how to go about exercising the franchise they have been given.

Malcolm Burr: I do not have a lot to add, but alignment should be there unless there is a good policy reason for it not being there. Policy divergence is inherent in devolution—that is what devolution is about: there can be different policy choices in different areas—but administrative divergence should be avoided wherever possible.

This is the occasion to mention the Law Commission’s welcome recommendation that there should be a consolidation of electoral law as far as possible, because it is a highly complex set of legislation and regulation, and it is more than time for a consistent legislative framework governing all elections, recognising the policy divergences across the various nations. Unnecessary divergence leads to confusion for voters, as well as inconvenience to electoral staff, so alignment should be a very clear aim, except where there is a good principle or policy reason for not aligning.

Robert Nicol: Administrators can and do make difficult things work in the background. We absolutely recognise each Parliament’s right to legislate as it sees fit. The difficulty we have is when electors are asked to do something different for what they perceive to be the same thing. If an elector wants to register to vote, for example, and we say to them, “It’s okay, I’ve automatically registered you for this register, but you need to fill in that other form,” that not only makes me look daft as an electoral registration officer but causes confusion for the elector and does not help with overall confidence in the system. We have seen that recently with the postal vote divergence that happened, which has proven difficult and probably costly to stitch back together.

The Bill will enable people to register at 14. That does not align with Wales, but it aligns with Scotland, which is very welcome. There are other areas that are very welcome, but the Bill also has the potential to create different kinds of divergence if it is not implemented carefully. Administrators will do what they need to do, but think very, very carefully when asking an elector to do something different for what they perceive to be the same thing.

[Lisa Smart]

Q There are different voting systems in different parts of the UK, but we all want participation to be as high as possible, and we all want trust in our politics and our electoral system to be as high as possible. Do you have any reflections on the different systems that you operate with for different elections, and on the impact those systems have on trust in politics, participation in politics and keeping confusion to a minimum?

Malcolm Burr: That is a big question because we have so many different voting systems in Scotland. We have single transferable vote for local government elections, the mixed system for the Scottish Parliament—the regional lists and constituency MSPs—and, of course, we have the traditional Westminster one Member, one constituency system. I would probably be verging into policy matters if I commented on the various merits of those systems. Suffice it to say, voter confusion—if there has been any—has lessened over the years. That is because there is a great deal more material—mostly from the Electoral Commission but also from returning officers directly—about how to vote and how the system works. Voter education is particularly important when you have divergent systems.

As an electoral administrator, I always look to rejected papers as a good guide to confusion. Those have remained consistent in some areas, but not in others—I am thinking of the local government elections, which use a numerical voting system, obviously, as it is single transferable vote. Despite all the guidance, there are still a significant number of rejections of papers of that are marked with more than one cross: the message that you are voting for up to three or four candidates but that you must do so numerically has not gotten through. It is less so for the other systems. From our perspective, it is about voter education in advance of the election, during the electoral period, and particularly at polling places. That is the place. A good presiding officer makes all the difference by saying, “Are you clear on how you cast your vote competently in this election?”

[The Chair]

Mr Nicol, do you want to say anything?

Robert Nicol: This is really outwith my sphere of expertise, so I will bow to Malcolm’s—