(5 days, 14 hours ago)
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.
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.
Q
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 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
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.
Q
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.
Q
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
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
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.
Q
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
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
Dr Garland: And give more stability and predictability to our electoral outcomes.
Andrew Lewin (Welwyn Hatfield) (Lab)
Q
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.
Q
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
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—
(5 days, 14 hours ago)
Public Bill CommitteesQ
David Marshall: They are very welcome indeed.
Cahir Hughes: To echo what David said, canvass reform is essential in Northern Ireland, so that measure is welcome. Automatic registration will also play a significant part in improving access to electoral services in Northern Ireland, and we are working closely with David on the practicalities of that.
David touched on the electoral administrative side of the Bill, as you would expect, but I want to highlight something in relation to the political finance side. The rules on political donations for registered political parties are slightly different in Northern Ireland, in that parties can accept donations from permissible Irish sources. The Bill says that that will continue, and that principle was enshrined in an agreement between the British and Irish Governments back in 2006, to allow Irish donors to give to parties here, in line with the Good Friday/Belfast agreement. Obviously, the secondary legislation will provide the detail on how this will operate in practice, but we can already see some difficulties in checking the permissibility of donations. For example, with company donations from a UK company, we can go on to Companies House and check the donation, as can the treasurer of a political party or the elected representative who is taking the donation.
Company registration in Ireland is very different, and it would therefore not be as straightforward to verify the true nature of a donation, if it comes from a company. Not only would that put the treasurer of a party in a difficult situation, but we as the regulator are also required to check 50% of the donations that are reported to us in Northern Ireland, so that will make compliance tricky for us. We wait to see the secondary legislation, but that is a concern for us in relation to the political finance aspects of the Bill.
Lisa Smart (Hazel Grove) (LD)
Q
David Marshall: This is one of those changes that should probably have been brought in when photographic voter ID was introduced in Northern Ireland in 2002 But frankly, whenever it was brought in, calling out in polling stations was removed in Great Britain as part of the introduction of voter ID there. The Government have seen fit to make it equivalent across Great Britain and Northern Ireland, which I very much welcome. We have a system for personation called “photographic ID”, and we do not need another secondary system. If necessary, we can manage any issues or concerns in polling stations by talking to polling agents at that point.
Cahir Hughes: Historically, the link was made with polling agents. When photographic ID was introduced, polling agents thought that it was very important that they still had a role to identify personation. I suspect that the legacy issues in Northern Ireland and distrust between parties and communities may have played a part in that. However, as we have discussed, photographic ID is very well established in Northern Ireland, so people are familiar with it. It provides the level of security that you would expect in polling stations. Of course, polling agents will continue to be allowed in the polling station.
Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)
Q
Cahir Hughes: We made the need for canvass reform very clear to the Northern Ireland Affairs Committee, as it is essential. We think that a significant amount of money is spent removing 1.4 million electors off the electoral register, only for them to ask to be put back on again. Canvass reform is essential for that not to happen in 2030, and we welcome that being addressed in the Bill, including by the provisions on automatic registration, which should make things easier for voters as well. I am sure that David will touch on this, but he has a rich source of data available to him to manage the electoral register and to get people on the register, which is very welcome.
The one thing not in the Bill—frankly, I was not expecting it to be—is the issue of co-option, which we flagged to the Northern Ireland Affairs Committee. That is where elected Members in the Northern Ireland Assembly or those in a local council can be replaced through the co-option system when a vacancy arises. The Bill does not address that issue, but it is something that we will monitor ahead of the combined polls next year. If need be, we will report on it, as we statutorily have to after every election.
David Marshall: On canvass reform, one important step will be that we take cognisance of the possibility of automatic registration in the context of how it is implemented. As Cahir indicated, we have a rich source of data, and every year we write to all 16 and 17-year-olds who are not currently on the register but could come on to it, but only about 30% then go ahead and register to vote.
When we hold that high-quality public sector data—national insurance data, health registration data—we would like the ability to write to those people, turn it the other way and say, “We are going to register you to vote unless you tell us otherwise.” That ought to be part of the reform of the canvass in Northern Ireland: including some element of automatic registration.
What you are saying is very interesting, and I will reflect on it. As we go through the Bill process, I think it will become clear that the Government have considered some of the points that you have raised, but thank you for raising them.
Lisa Smart
Q
I strongly agree that we are in a moment of crisis for our democracy. An awful lot of things that I would have liked to see in the Bill are not there. You talked about the opportunity that this presents. Particularly looking through the lens of trust in politics and participation in our elections, what does your organisation, or you as an academic, believe could have been in the Bill that would have had a positive impact on trust in politics?
Harriet Andrews: The biggest thing in terms of trust in democratic institutions is the way that democratic institutions engage with the public, and with young people specifically. We specialise in connecting young people and politicians. We have evidence that we can systematically improve democratic trust, which is a fantastic thing to be able to do—not many people can do that—but that is done through loads and loads of conversations between young people and politicians, and there is not really a substitute for that kind of work. I do not know whether that is the role of this Bill, but it is definitely the role of every Member of Parliament. We also need to think about investment in places such as schools and youth groups, and ask whether they are being supported to engage with democratic institutions.
The other thing to mention is that a lot of people are really uncertain at the moment about whether they are allowed to engage with democratic institutions as part of their youth work or as schools, because they are worried about issues around impartiality. I would focus on really clear guidance on impartiality, partly so that people feel a lot more comfortable about what they can do. They can do a lot, but lots of people are scared about engaging with their local council or councillor on a local issue because they are worried about political bias. More training and support around that is needed.
Andy Mycock: I fully agree with everything that Hattie said. Contact—building a relationship at a very early age—is a critical part of this. By the time you get to secondary school, a lot of that good work is already past its time of efficacy. Primary school, when young people are socialising and their brains are growing, is proving to be, in all different aspects of growing up, the most important time. There is a stark lack of focus on primary school interventions. Much of what happens focuses on secondary school, when young people are overloaded; they are going through significant change in their lives—biologically, socially and educationally. Stretch the civic journey. Give it time to mature over time. Think about how you support young people after the age of enfranchisement, whether it is 16 or 18.
To go back to the Minister’s question, our work in Wales highlighted another thing—the voter journey. In Wales we found a lot of focus, in Government and other programmes, on getting young people to get on the electoral register and to know how to vote, but that did not get them to the ballot box. The principal reason was that they were not educated about political parties—what those parties stood for. This is not to open up the old debate about indoctrination, but young people simply did not know what the political parties stood for—they did not know how to read the manifestos, so they stayed at home.
I urge all the parties to move beyond this idea of the fears of indoctrination. The internet age has changed things. You cannot protect young people from political discourse on the internet. Our survey data is already starting to pick up that young people, particularly young men, are increasingly prone to misinformation and to populist ideas. If you do not socialise young people, so that they understand politics before they become enfranchised—whatever the age—it is likely that they will socialise themselves, or will socialise themselves in peer groups that may not be the healthiest in terms of democracy.
I would think strongly about the idea of the voter journey, and about things like automatic voter registration, or giving young people voter authority certificates at the age of 16. If they have a national insurance number, why not give them that certificate so that they have the document and do not have to look for it? Walk them through polling booths: get them used to the idea that these are not alien places. For those who come from middle-class families, it is likely that their parents will take them there the first time to vote. For those coming from maybe disadvantaged or disengaged families, it is highly likely that they will not.
Lastly, learn from other places. Australia has a wonderful celebration around elections where they have a democracy sausage, which you will have heard of now increasingly. We might not be a nation of sausages, but we are a nation of cakes. Why not think about the democracy bake? Have civil society organisations outside polling stations—turn voting into a celebratory act, so that young people feel that that first experience is positive, and that it is not a threatening environment for them to go to again.
Warinder Juss
Q
My assessment from all this has been that if those young people were allowed to vote at 16 they would be very competent in contributing to democracy, and that it would be a great idea for them to be engaged earlier in politics, and to have had those conversations earlier. A witness in the previous panel said that the earlier somebody votes, the more likely they are to carry on voting. I have two questions. First, do you think my assessment is correct? Secondly, do you think that the ability to vote early is one important step we can take to make sure that we have that engagement, and bring democracy into play?
Harriet Andrews: Yes, I do think your assessment is correct. I think young people are really keen to engage in all sorts of social and political issues. They want to have a voice—they want to be heard, right? They are just like everybody else, and they have lots to say. They are exploring the world; they have not heard something for the fifth or sixth time, they have heard it for the first time, so it is more exciting. That is something that we find a lot.
There are some hopeful reforms potentially coming in the curriculum assessment review. They have talked about making citizenship compulsory in primary schools, which really plays into that idea of starting early. The more that you do earlier, and the more you can build these skills over time and make them part of what is happening, the less of a mad rush you have to get everybody ready at a certain point. That is really positive.
One of the things missing in that education reform is, particularly, teacher training. This stuff is complicated, and teachers need support. When they have been surveyed, teachers have said that they feel really underprepared to do this work; they really want to do the work, but they want that support. That is one thing that really needs some attention. The other is the role of Ofsted—asking, “Is Ofsted taking this work seriously? Does it have a home, and does it have a place?” I know that that is not the role of this Committee, but some of the levers to make votes at 16 a real success sit with both DCMS and the DfE.
Q
Professor Bernal: I would like to scrap it. Going from opt-out to opt-in is great for the new people coming in, particularly with automatic voter registration and the votes at 16. However, there are millions of people who did not realise what they were opting in to—or what they would have opted out of—who are still on the register. If this is going to be retrospective, and you are going to say to everybody, “Do you want to be in after all?”, maybe that would help, but it would be simpler and better just to get rid of it.
We have to think very carefully about why the open register exists in the first place, and what use it is actually being put to. The uses are primarily commercial. In the current era, so many other forms of data are available to anyone wanting commercial use of data—we should leave it to them. What we need is as clear and simple a database as possible, with a single function to support our elections. That way, we get more security and privacy, and people will be more likely to trust it.
Lisa Smart
Q
My question is about automatic voter registration and some of the civil liberties and privacy issues that we should considering as we look at this legislation. Can you help us think through some of the really important questions we should be asking, bearing in mind that, as you rightly say, a lot of the detail will be worked through in secondary legislation? What things should we be thinking about to make sure that we protect the population’s civil liberties and keep privacy where it should be?
Professor Bernal: I should outline my perspective from the beginning. When Toby asked me to come into this project, my initial thought was, “I don’t want this, because of the privacy things—I’m a data privacy specialist and that’s what I work on.” However, when I was talking to him, I began to be persuaded by thinking about this as a way to get greater integrity in the database. Privacy is not about hiding information but making sure that the right people get the right information at the right time, and with appropriate permissions and consents.
As a result, the first thing we should think about is: what will the database on which people are registered be used for? What functions will it be put to? Who is going to have access to it? What are they going to be able to do with that data? That is something that we should be doing anyway, regardless of whether we are bringing in automatic voter registration. We should be thinking about those things, particularly in an era when electoral interference is a known factor and happens in lots of different ways, and we should be working out the way to make things secure. As I see it, automatic voter registration actually gives us an opportunity to do that, because it means that we need to think about having a properly coherent and secured database. As we do so, we will think, “Who’s going to have access to this? What are they going to be able to do with it?”
One issue is that political parties will want access to this data, but they should have to produce a report on what they have done with this data and how, including who they have given it to. We need only think back to Peter Mandelson and what he was doing with his data—giving it to people who he perhaps should not have—to see that we really need to keep a proper grip on what is happening to the data. That would solve most of the civil liberties questions about this. If we make sure that we know exactly what is happening to the data, and if we have a good set of controls over who manages and runs it, and who has access to it, you do not have the problem.
The only civil liberties question left is a rather separate one: should people be able to not be registered to vote? However, that is a rather different question beyond the scope of what we are talking about here, because we have decided in this country generally that people should reply to electoral requests and so on. That is the only one, and I do not think that is a question that automatic voter registration is a problem for.
Professor James: I would draw the Committee’s attention to what happens to the electoral register at the moment in terms of, as Paul has set out, the issue of the open register potentially being a security risk, but also who has access to the marked and full registers. There is currently no requirement, as I understand it, for electoral registration officers to keep a record of who requests and uses those records. That could be introduced. The Electoral Commission could then provide a report on exactly who is accessing those registers and for what purposes.
Political parties, for example, are entitled—and this is correct—to have access to electoral registers so they can reach out to voters, but how parties themselves use the registers is an important question.
The Chair
If Members have no further questions, I thank both witnesses for their evidence and we will prepare for the next panel.
Examination of Witnesses
Harry Busz, Councillor Peter Golds and Richard Mawrey KC gave evidence.
The Chair
Obviously, you are expressing your own view there.
Richard Mawrey: I have investigated the Australians, at their invitation. I am with Peter Golds on the point that modernising the law ought to take a consolidating statute. We do that with a lot of things, like the companies Acts and so on. It would be a new consolidating statute, as the last one was in 1983 and we are now 43 years on. That opportunity should be taken, first, to rationalise all forms of malpractice that are offences and corrupt practices; and secondly, to set up a coherent system for trying electoral disputes, because the present system is hopeless. Various proposals on how to do that have been put forward.
This is not the Bill in which to do it, but this Bill should not be saying, “Well, we have done that. We can park that for the next 10 years.” It ought to be a staging post in thinking, “Right, let us sit down and produce a coherent statute that modernises not simply electoral offences, but how we deal with them.” That is what I would counter. I agree that this Bill is not the one in which to do it, but it should not be treated as the end of the road for 10 years.
Harry Busz: As an organisation, we believe there are lots of positive steps forward in the Bill. Certain aspects around automatic voter registration, and improving the performance and accuracy of the register, are really important. For administrators, such like the extension of the postal vote deadlines will enable people to return their postal votes in a timely fashion. We also think that the issue of protecting staff and including them, as well as campaigners, is really important. Since the voter ID regulations came in, there has been a bit of a shift in the way the public views presiding officers and poll clerks in polling stations, as they now have the role of gatekeeper, having to essentially turn someone away from voting if they do not believe there is a likeness with their ID or similar.
There are areas that could go further, particularly around voter ID. At this moment in time, there is an issue where if somebody does not have a form of ID on the day, unlike in other countries, we have no off-ramp, whether through attestation or vouching, so that the person is still able to participate in the election on the day. The question we see as the most challenging is how these procedures will be done on the ground, particularly inside polling stations and for administrators. As long as there is the ability to increase funding and support for the council departments running the elections on the ground, there are lots of positive steps.
Lisa Smart
Q
I have a question for all three of our witnesses. It pulls on a thread all of you have raised: the inconsistency around enforcement—whether that is local authorities, returning officers, presiding officers or different police forces enforcing things in different ways, or election law finally making it through to court should something need to be tried. I accept that this might not be the piece of legislation to address those inconsistencies, but can you say more about measures you think would be helpful to ensure that election law is applied fairly to all elections across the whole country?
Harry Busz: I would start by taking the family voting point that you specifically addressed. As I mentioned at the beginning, this is something that we saw across more than 100 constituencies at the last general election, and it is something which, as Councillor Golds said, affects all communities. It is a really important issue for lots of different people that we ensure they have the right to a secret ballot.
In terms of those inconsistencies, the areas in which we see a really positive response when family voting might be going on are those where presiding officers and poll clerks can actively step in and prevent it if they are in a less busy polling station— which obviously becomes a bit of a postcode lottery. It also depends on whether the council has the funding and the staff to have a meet-and-greet or a third person in the polling station whose job is specifically to do that work.
Different pieces of election infrastructure are used from council to council, and where polling stations can be set up so that polling booths are separate, that is very helpful in preventing some of these issues. Whether it is that or around accessibility, with all of these aspects, the really important thing we have found is that when the council feels supported—both financially and with the infrastructure they need to run elections inside polling stations—you get much better outcomes.
All staff really want to do their job well and want to step in and prevent these kinds of things, but if they do not have the funding to have a third member in there, or if they do not have the correct equipment, it becomes a lot more difficult.
Councillor Golds: I have a big thing about protecting people, safety and security—and that is everybody. That includes candidates, election staff and the voters themselves. First, I am interested in the nomination process. My belief is that if you are nominated as a candidate, you are nominated as a candidate. The address issue is something from 50 years ago—the 1973 Act, which requires your address to be public.
I spoke about this on the security of councillors, and had an email exchange with a delightful lady in Leicestershire who had heard me on Leicestershire radio. She had expressed concern for years that she gets a bus to go to work, and at her bus stop were her three local councillors’ names, addresses and phone numbers. She thought this was wrong. This is still part of the Act. When we tried to get security for councillors to protect our addresses, we were told it was very difficult. It should not be that, if you are standing for election, your address has to be public. I think it would be terribly easy to change.
I am intrigued by the issue of candidates standing and withdrawing a nomination. One of my ideas—and I think about this very carefully—is that if a candidate is standing for a political party and they withdraw their nomination, then on nomination day the proposer and seconder, or the registered political party, should have the right to substitute another candidate, so that you do not have somebody trying anything ridiculous. We also have to look at expenditure. There are too many stories that live on the internet of extraordinary issues. You are quite right to look at it, and it needs to be tightened. We have spoken about the secrecy of the ballot.
We then come to enforcement and intimidation. I do not know how we protect people. Eighteen months ago, I had an extraordinary day at the Home Office where a group of councillors went. I was the only male councillor there. We were promised an hour and a half to discuss problems. Three and a half hours later, Home Office officials asked, “Do you want to continue?” because of what women of all political parties were saying to them. This included a female councillor whose husband had given her a purple coat, and she had appeared on television wearing it. A local nutcase said that her husband was a member of the Illuminati and a paedophile, and had gone through her address on Companies House, and published his company address and the fact that he was a school governor. This is a fact of life that can be found. If you look, every council cycle I have ever been involved in—Rallings and Thrasher always talk about this—we get women elected who serve one term, not lots. This persecution must stop.
Finally, you have to do something about the intimidation of people going to vote and crowds at polling stations—that is growing and growing. Everybody has the right to walk quietly down a street and into a polling street, and then to pass their vote as they do. I have seen observers from the European Union and the Commonwealth look at British elections, and they are staggered to see mobs of people standing outside polling stations, pushing and shoving. Those are simple things that you could look at, and I believe you would help voters, candidates and, ultimately, yourselves.
Richard Mawrey: We are back to the problem of enforcement. In quite a lot of countries, every polling station is attended by at least one burly constable who keeps an eye on things and acts as a sort of enforcer, and the great thing is that they do not have any connection with the local authority.
The problem with staff at polling stations is that they are all necessarily connected with the local authority, and it is very easy for people to convince themselves that the ruling group—so to speak—on the local authority is conniving so that voters are likely to vote for them. In most cases, it is complete and utter nonsense, but it would greatly strengthen confidence in the voting process to have somebody independent—it does not matter whether it is a policeman or anyone else—at a polling station who is prepared to call out intimidation, family voting or whatever it is.
At the moment, people are not confident because they perceive—rightly or wrongly—that the rules exist, but that the rules are being broken and nobody cares. As Peter Golds said, it does not require much imagination to see how any of that can be blown up in social media to a result that is very unfortunate for the electoral process.
Interestingly, most of the arguments being put forward today are the same as those that would have been put forward in the Public Bill Committee on the Ballot Act 1872, when the secret ballot was introduced. It was introduced to stop all the sort of abuses of the electoral process that had been occurring up to that time. Some 150 years on, we are still trying to deal with it.
Sam Rushworth (Bishop Auckland) (Lab)
Q
Mr Mawrey, I am wondering about the degree to which personation takes place, and how much of that is a problem. We are hearing other people express doubts about the use of ID and whether this is robust enough. To what extent is that a real issue?
Harry Busz: On the data that we have collected, we will always have two observers inside polling stations who are observing together, because they will have more time to see whether people come in, see a sign, turn around and go out, or whether somebody is stopped by a teller or an extra member of staff who might be directing them to the polling desk. We see a number of people who are turned away from voting initially, but we do not collect data on whether those people come back in the same way that the Electoral Commission does.
At the general election in 2024, we saw that 1.37% of all voters were initially turned away, compared with the Electoral Commission’s figure of 0.25%. We believe the main reason for that difference is that we are seeing other voters who do not get to the actual presiding officer’s desk. The Electoral Commission’s data was collected from the ballot paper refusal list, which the presiding officer has to sit down and sign when a voter has that situation.
The Chair
Q
Dr Power: I would only add that I concur. The one slight concern I have with the “know your donor” requirements is overly burdensome regulation. The thresholds for conducting those requirements should align with the thresholds for the person having to undertake them, because you could end up with a situation where a regulated entity is looking at three different thresholds. I would want the Bill to be clear that these align, and I know that the Electoral Commission shares that concern.
Lisa Smart
Q
You talked about reducing discretion, and there are proposed amendments that would clarify who is no longer a permissible donor. I agree that clarifying some of that would be helpful for political parties. However, may I invite all the witnesses to talk about what is currently in the Bill on money coming in from overseas? The Government have been very clear that they want to take steps to tackle foreign interference, and we are looking at the recommendations from Philip Rycroft’s review. Could you say whether the provisions in the Bill are robust enough to stop foreign money being funnelled through UK entities? If not, what steps would you recommend to tackle that?
Duncan Hames: We certainly welcome the valiant efforts that officials in the Minister’s Department have been making to address this issue, and there are some welcome steps, particularly on unincorporated associations, to ensure that they are not used as a back door. However, we do not have any prohibitions in this country on people who are not entitled to vote in this country owning companies that trade here. Therefore, it would be entirely possible for someone who you all agree should not be allowed to donate money in British politics to none the less acquire a company that does that job for them, which would comply with the provisions as currently set out in the Bill.
Our view is that, hard as we might try, so long as people are determined to find a way, it is very hard to be absolutely confident that you have shut this door. That is why we think the lack of any kind of cap whatsoever on how much any one person can put into British politics means that the risk of money entering British politics and getting round these controls is uncontained. We would argue that these measures need to be accompanied by some kind of donations cap.
Dr Susan Hawley: It is absolutely a risk. I believe the Rycroft review is looking at whether you make sure that the regulated sector and financial institutions in the UK are playing their role. There would definitely be scope for a joint intelligence unit where they could share transactions that appear suspicious with law enforcement. Obviously, that relates to whether the enforcement set-up is sufficient and whether the laws are sufficient. In relation to enforcement, this also comes down to having proper donor declarations and beefing up the section 54A donor declaration to address some of those risks and make sure that the money is not coming via permissible donors in the UK, but from abroad.
Dr Power: We also have regulated and unregulated periods at which different levels of scrutiny apply to donations to different regulated entities. Of course, some of those entities are less regulated or unregulated during unregulated periods.
As a thought experiment, if I were a malign foreign actor, I would probably focus on the unregulated periods as the times when I could use my money wisely, as it were. There is a good case for considering, within reason, how we can move towards a system with year-round regulations, taking into account the importance of a vibrant democracy, such that we do not end up with money being spent and donated during relatively unregulated times.
Lisa Smart
I am working with the Public Bill Office on an amendment that extends the regulated period. Given the narrow scope of the Bill, that is a way of thinking about that.
Lloyd Hatton
Q
Dr Susan Hawley: The Electoral Commission needs to come up with robust guidance on that. It needs to look at industry standards from the regulated sector to tackle money laundering. I want to come back to the donor declaration, because that is also critical to this. We have heard from law enforcement that it is not clear to them that the proceeds of crime are not allowed as donations, for instance. If you have a situation where proceeds of crime can be donated, that is pretty extraordinary. We need a robust section 54A that puts some onus on the donor and makes a false declaration a criminal offence.
I do not know whether that answers your question, Lloyd, or whether you wanted me to talk more about “know your donor”, but I think they complement each other. You have “know your donor”, which is about what parties do, but also the donor declaration, so that you are putting some onus on the donor to actually be honest about where that money comes from.
I find it interesting that most of the people who we consider to be academics, and have made their life’s profession the integrity of the election system, are not in favour of it, but the Government are choosing to go ahead with it anyway. We will look at that further in line-by-line scrutiny. Thank you very much for your time this afternoon.
Lisa Smart
Q
It is clear from all the evidence we have heard today that all the witnesses welcome a number of the steps in the Bill, but a number of them expressed disappointment that the scope had been written so narrowly and that it does not stand up to the moment of crisis and peril that our democracy faces. If the Government think that first past the post is the right system, why not have a national commission on the voting system to test that thesis?
Samantha Dixon: The Government believe that the voting systems that we use to elect our representatives are really at the heart of our democracy; they are of fundamental importance. We welcome views and feedback on how democracy can be improved. I am grateful for the interest that you have shown in this particular area, but I can confirm that we are content with the voting system that we currently use in general elections, and we have no plans to establish such a commission.
For UK parliamentary elections, we believe that the first-past-the-post system establishes a really strong link between the constituency and the representative. Although it may not be perfect, we believe it is well understood by the electorate and the communities that we represent. When a seat needs to be filled in Parliament or a council, for example, that link between the representative and those they represent is important. First past the post is appropriate for that system.
There are occasions for other voting systems for wider electorates, and this Bill will make provision for them. For example, for a mayoral election, we are in the process of bringing forward legislation to revert that system back to supplementary voting. When it is a broader constituency—a mayoral area that may cover many constituencies—we accept that that voting system is more appropriate. But at this stage, for council wards and parliamentary constituencies, we remain of the view that first past the post is the best system.
Lisa Smart
Q
Samantha Dixon: The view of the Government is that companies that pass all of the other tests and want to donate to a political party may on occasion be in a position where they are not making profit. For example, if they are taking investment decisions across a particular year, which mean that they are in a non-profit situation but their revenue is still working, they should not be excluded from donating to the political system. That is why the Government’s view is that the test should be revenue, as well as the other tests in place, which we feel are very robust, around UK residency of the persons of particular interest but also the UK headquarters rules and the “know your donor” rules.
The raft of measures that we are introducing make it far more difficult, notwithstanding the evidence and views of those we have heard today. We feel that it brings in protections that currently are not there and will protect our electoral system. It may be that Philip Rycroft comes forward with measures around this, which we will listen to as well as the evidence that we have heard today.
Lisa Smart
Q
Samantha Dixon: We have not designed these measures around specific individuals. I am not sure that the hypothetical illustration that you have given would pass the “know your donor” test, but I am happy to come back to you on that point.
Q
Clause 47 is also silent on the use of virtual cards. We know many banks issue payment cards that are online, so quite a lot of people have their payment card on a mobile phone and do not have any physical item with them that would meet that standard. Are the Government open to amendments to clause 47 to try to address that and at least bring clarity to what is meant by a bank card, so that polling staff, who may have to have that conversation with people, know exactly where they stand?
Samantha Dixon: You mentioned digital ID. For example, we have introduced the digital veterans card as a form of ID. It has the holographic clock in it, which means that it cannot be screenshotted or used fraudulently.
(3 weeks ago)
Commons Chamber
Lisa Smart (Hazel Grove) (LD)
Our liberal democracy has become acutely vulnerable. Trust in our politics is being pulled apart at the seams. We face a flood of foreign money, and powerful men who hate our democracy, whether in silicon valley or the Kremlin, are working hard to undermine our social fabric and to interfere in our public life. Sadly, this Bill does not meet that moment and falls woefully short of the fundamental changes that our democracy urgently needs, even if we Lib Dems welcome some of the measures in it. We will be voting against the reasoned amendment and in favour of Second Reading, in the hope that the Bill can be substantially strengthened as it makes its way through Parliament.
I fear that the Government have not faced up to the crisis before us. Public trust in our political institutions is in freefall: 67% of the public think that politicians are just in it for themselves. It is no wonder that so many people who would make fantastic elected representatives are put off standing for election and take their talents elsewhere. The Electoral Commission has recorded growing dissatisfaction with our democracy and, frankly, I understand why. Westminster has been rocked by scandal after scandal, with partygate, the news that former Reform UK Wales leader Nathan Gill had been taking bribes to advance a pro-Russian agenda in the European Parliament, and the revelations about Peter Mandelson’s shocking conduct. We need root-and-branch reforms to our political system.
The Government claim to be modernising our democracy, but this Bill does not fix our outdated system, which continues to reward the most cynical members of the political establishment at the expense of everyone else. Where is the new accountability for politicians; where are the robust measures to really stamp out corruption and interference; and why is there nothing to address a voting system that was out of date a century ago, undermines accountability and is profoundly unfair?
Of course, there are worthwhile measures in the Bill. The Liberal Democrats have been campaigning for votes at 16 for decades. We have seen that succeed in Scotland, and we are proud to have helped secure that provision in this Bill. Young people pay taxes, face the consequences of political decisions and care deeply about the future of their country. Denying them a vote was always difficult to justify.
But this is far from enough to revive our democracy. As young people approach the ballot box for the first time in the next election, we must ensure that they, and everyone who can vote in our country, feel confident. I recently met students from Marple college in my constituency. They will be voting for the first time at the next general election. We talked about what they needed to be ready to cast their votes. They are already articulate, well-informed on politics and enthusiastic. It is our responsibility to ensure that they feel confident to participate, confident that they will not be bombarded by disinformation, confident that their vote will count and confident that the system they are being asked to be a part of is fit for purpose. They should be confident, too, that their civil liberties will be protected. We welcome the move towards automatic voter registration. We think it is a step in the right direction and we will support it, but it must fully respect people’s privacy as well as their right to vote.
To take a glaring example, new voters will still have identity papers demanded of them whenever they vote. That was implemented without decent evidence by a Tory party long out of ideas and full of cynicism. The Bill could have and should have been used to scrap the Conservatives’ voter ID scheme altogether. According to the Electoral Reform Society, 16,000 people were turned away from voting in 2024—against just 10 convictions for impersonation between 2019 and 2023. Which of those is really the greater threat to our democratic life? That is symptomatic of a Bill that is remarkably thin and all too timid, even in enforcing its own provisions.
I am baffled as to why the Government will not further strengthen the Electoral Commission in the face of historic threats to our democracy. We very much welcome the removal of the commission’s strategy and policy statement, but the commission itself says that while it
“welcomes many of the changes set out in the Bill, some provisions need to be strengthened to...better protect the system from foreign interference.”
We should remember that this regulator is not currently truly independent. Under the Elections Act 2022, the Conservative Government gave powers to Ministers to dictate the “roles and responsibilities” of the Electoral Commission in achieving the Government’s policy priorities. That made a mockery of the idea that politicians should not be able to interfere in elections, and it paved the way for any future Government, of whichever political hue, to rig our system. It is truly welcome that the Secretary of State announced plans to reinstate the independence of the commission by scrapping the strategy and policy statement. That should ensure non-partisan fair play in our elections.
It is on donations and foreign interference where the Liberal Democrats find the Bill to be most wanting. The case of Nathan Gill should stand as a stark warning about the levels of attempted interference we now face. The gaping holes in the Bill will allow foreign money to continue to flood in and infiltrate our democracy. For instance, using company revenue rather than profit as the test for determining whether a business has sufficient connection to the UK to make political donations, is too weak a safeguard. It can be too easily gamed. Spotlight on Corruption points out that the cap on corporations currently does not have teeth and should be focused on profit. A company turning over significant revenue in the UK, while being effectively controlled from abroad by interests hostile to our democracy, could still make donations under these provisions. That is not good enough. Foreign regimes and their political elites should have no business in our democracy whatsoever.
Dr Danny Chambers (Winchester) (LD)
There has, rightly, been a lot of talk on both sides of the House about restricting and capping foreign donations, and how they are regulated. Does my hon. Friend agree that we also need to look at how foreign individuals and foreign states use social media to influence and change election results?
Lisa Smart
My hon. Friend is entirely right that one of the big ways foreign individuals can influence our democracy is through money. The other way is through influence, using money from companies, often not owned in the UK, that control a lot of the information that British citizens see. He is entirely right to make that point.
The lack of a cap on political donations is a fundamental gap. Although the Bill introduces transparency and due diligence requirements, more transparency alone is not enough when individuals and corporations can still donate unlimited sums to political parties.
Sam Rushworth
A moment ago the hon. Lady referenced Nathan Gill. I share her abhorrence at what Reform’s leader in Wales did in taking bribes from Russia, but it was already illegal—it was a case of being caught. What does she suggest that the Bill should do to prevent those sorts of illegal activities from happening?
Lisa Smart
I am grateful to the hon. Gentleman for his intervention and for allowing me a bit of space to expand on this point further. Companies should have to prove profit in the UK, not just revenue in the UK, to be able to donate. There is a real danger that money from abroad, from state actors and non-state actors, can be funnelled through third-party campaign groups—think-tanks and others—as a way of trying to influence our democracy. It is entirely possible that very wealthy individuals or state actors abroad put money into think-tanks, which then put money into political parties. That is the sort of thing I would look to amend as the Bill makes its way through the House. Unlimited donations mean unlimited influence. They corrode public trust and distort political priorities. Until we cap donations, we will continue to have a democracy that is for sale.
Finally, there is an extraordinary irony that, despite its grand title, the Bill does not even touch the root of unfairness and distrust in our democracy. It does nothing about a first-past-the-post voting system that was outdated decades ago and is a millstone around the neck of our democratic life. This electoral system consistently delivers results that bear little resemblance to the actual preferences of the electorate. Millions of votes count for nothing.
I am very grateful to my hon. Friend for giving way. Does she not agree that, since the House voted in favour of my Elections (Proportional Representation) Bill which I presented in December 2024, and since the Labour party voted overwhelmingly for a motion to bring in proportional representation at one of its conferences, there is a wide acceptance that it is time to scrap first past the post, which does not deliver the results that people vote for? Is the Bill not an enormous missed opportunity?
Lisa Smart
I strongly agree with my hon. Friend. I applaud the work she has done during her time here to move the case forward for a fairer, more representative voting system. The Bill is a huge opportunity and I look forward to working with colleagues across the House on how we can strengthen it and make it even better.
Martin Wrigley
Does my hon. Friend not agree that if the single transferable vote system is good enough for selecting Select Committee Chairs and the alternative vote system is good enough for mayors, they should be good enough in other elections, too?
Lisa Smart
I do. I fear it would try the patience of the House if I were to get into that level of detail about my favourite voting systems with my hon. Friend—we only have a further three hours of this debate, so I will press on—but I do agree with him that there are more representative ways to elect our representatives that we should look at.
We Liberal Democrats will continue to press for proportional representation so that we can finally make every vote count. It is a matter of basic fairness. No Bill claiming to modernise our democracy can be taken seriously while it ignores this question. Worse, it does not even introduce elections for our second Chamber, leaving the House of Lords unreformed, unelected and, in the current climate, frankly indefensible. Peers face no meaningful accountability to the public whose lives they affect.
The Bill takes some limited, but sadly too timid, steps in the right direction. It fails to seize the opportunity to rebuild trust and make our vulnerable, brittle democracy more resilient. We look forward to working constructively to strengthen it during the parliamentary process, because we must be more courageous and ambitious than the Bill currently is. We must stop taking our democracy for granted.
Several hon. Members rose—
I should have started by congratulating the new hon. Member on her personal victory. I am, however, very concerned about the circumstances in which many of those votes were cast. I am not plucking this concern out of the air; it is clearly apparent that there is widespread concern, and this is not the first time that it has happened.
Lisa Smart
The hon. Gentleman rightly mentioned the work of Democracy Volunteers, which is a long established and well—
(3 months ago)
Commons Chamber
Lisa Smart (Hazel Grove) (LD)
Like others, I warmly welcome the multi-year funding settlement. As a former local councillor, I know the impact it will have on local councils, which will be able to plan when they are tackling some of the thorniest issues that affect our most vulnerable constituents. We in this country are blessed to have remarkable people working in local government, and the best local councillors know their communities, stand up for them and mither their MPs to stand up for them.
At first glance, Stockport appears to be one of the areas that is worse off under this funding settlement, despite containing the most deprived part of Greater Manchester. We missed out on the recovery grant by 0.01%, and the initial indication is that we will be worse off. Will the Minister meet me, the hon. Member for Stockport (Navendu Mishra) and my hon. Friend the Member for Cheadle (Mr Morrison) so that we can go through this and work out how we will make sure that my most vulnerable constituents are not unduly impacted?
(3 months, 1 week ago)
Commons ChamberI am sure that the elections Minister would be delighted to meet my hon. Friend to discuss her concerns. The review will look at any foreign financial interference in our democracy, and I would expect the points she raises to be in scope.
Lisa Smart (Hazel Grove) (LD)
I warmly welcome the Secretary of State’s statement, and the establishment of the independent review, and I agree with colleagues across the House who talked about the importance of the resilience of our democracy as well as about its current fragility. I note that the Secretary of State does not seem keen to give us too many spoilers about what to expect in the elections Bill in the new year, but I my question follows those asked by my colleague from the Speaker’s Committee on the Electoral Commission, the Chair of the Housing, Communities and Local Government Committee, and by my hon. Friend the Member for Guildford (Zöe Franklin). If the review recommended a cap on donations or restoring the independence of the Electoral Commission, would those be things that the Secretary of State would support?
We certainly understand the risks posed to elections; for that reason, as we published in the strategy in July, through the elections Bill we will seek to strengthen the rules on donations to political parties. The findings of the independent review will inform what is in the Bill.
(3 months, 1 week ago)
Commons ChamberI am afraid—I have been very open about saying it before—that I have never been convinced by that CPRE research. As to the general thrust of the right hon. Gentleman’s question of whether we want to see more development on previously developed land, absolutely. I stress once again to hon. Members the radical nature of the proposals that we have brought forward today with regard to brownfield land. We are proposing development support in principle within settlements as a whole, with a permanent presumption in favour of development on brownfield land. Opposition Members keep challenging us to go further on brownfield. There is no further. This is dialling up brownfield to the extreme and it will ensure that we get brownfield applications in, as well as green-belt land release and designation where necessary.
Lisa Smart (Hazel Grove) (LD)
My column for the Stockport Express is this week encouraging my constituents to respond to the Stockport local plan consultation—the deadline is Sunday—because the Government’s doubling of the housing target for Stockport will have an impact on our green belt and our community, and I am really keen that they have their say. Anyone serious knows we need more homes to be built, but I absolutely understand the worries of my constituents. They are thinking about the impact the doubling of the housing target will have on roads, GP appointments, schools and, in particular, our green spaces. One of the problems with the Government’s approach is the sequencing. Constituents see the downside of large-scale developments without the needed public transport. Would the Minister support minimum infrastructure targets before and alongside minimum housing targets?
I refer the hon. Lady to the comments I have already made on how the new draft framework further consolidates and strengthens the expectations around infrastructure provision. Vision-led transport, which is now hardwired through the framework, will make a difference to the challenges she poses, but she is absolutely right that we want to see infrastructure up front, alongside new homes being delivered.
(3 months, 2 weeks 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.
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Lisa Smart (Hazel Grove) (LD)
I am sure the Minister agrees that trust in our politics, and trust in our democracy, is absolutely vital. I am also sure she will regret that postponing elections gives some, including those who do not have our country’s best interests at heart, the opportunity to try to sow seeds of distrust. This morning she will have seen the Electoral Commission’s latest stats, which show some eye-wateringly large donations. Our elections are not being fought on an even footing if they can be bought by a small handful of individuals. Will she encourage the Minister for Democracy to use the opportunity of the elections Bill to take meaningful steps to increase transparency and clarity, and to tighten up the financial donation rules, in order to restore trust in our democracy?
Miatta Fahnbulleh
I thank the hon. Lady for making that powerful point. Yes, we absolutely will do so.
(5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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Mr Morrison
I completely agree. There has to be a two-way dialogue, in which the Government talk and work with local government to work out the challenges that need to be fixed.
The Local Government Association reports that 29 councils needed exceptional financial support in 2025-26 to set a balanced budget. That is 11 more than the previous year, and I am afraid that number will only continue to grow. The Government’s pride in place strategy is meaningless when local authorities are still being encouraged to sell community commodities such as libraries and leisure centres to avoid financial ruin. That is no way to set our communities up for success. It is stripping away the key things that make a community, the places where people gather and access the support and services that they need. Drawing on dwindling reserves is not a sustainable financial plan.
However, there are also regional inequalities to the issue, which slice across all aspects of daily life, from transport to potholes. Last year’s fairer funding review lacked all nuance, basing criteria for recovery grants on deprivation figures from over a decade ago. Stockport council missed out on any recovery funding; it is now left to pick up the pieces, and to continue fighting tooth and nail without the £20 million it so desperately needs to sustain long-term services, despite having some of the most deprived wards in the UK in our borough. In just three years’ time, Stockport council will be underfunded by £63 million. Despite that, the council won local authority of the year in 2025—a testament to its officers and councillors.
Stockport is a council that does not shy away from hard decisions. It was promised more from the Government, yet things have not changed. In opposition, the Labour party decried the underfunding of local councils across the country and said that things could only get better under its tenure. Well, councils are facing the same problems across the north-west, and we are seeing the same lack of ideas from the Government that we did under the Conservatives. Real-time cuts to local government funding in Stockport alone have reached more than £133 million in the past few years. As a result, Stockport council was forced to find £24.5 million of savings just for the 2025 budget.
Lisa Smart (Hazel Grove) (LD)
As a fellow Stockport MP, I am delighted that my hon. Friend has secured this debate. I strongly agree with the points he is making about the underfunding of local government over a period of years, particularly in our part of the world. I wonder if he agrees that the root of some of the problems is the unsustainability of social care. As his constituent Stuart mentioned, for Stockport council, £3 in every £4 is spent on either adult or children’s social care. The demand for that is increasing, yet the funding available is not. Does he agree that the Government taking three years to do a review into social care is too long, and that they should crack on?
Mr Morrison
I completely agree. The point, when it comes to social care, is political will. All parties have talked about the importance of social care and of getting the funding right. There is no need to wait for three years; we should indeed crack on.
Regional growth drives national growth. If regions are not invested in, we cannot expect the country to thrive. There are ever-expanding divides between regions, which have consequences on the quality and even length of people’s lives. According to the Institute for Public Policy Research, transport illustrates that divide exceedingly well. In London, people receive £1,183 per head for transport, but in the north-west it is less than half that figure, at just £540 per person. In total, across the north, that is an investment gap of £140 billion.
Our growth is low and slow as a country because areas outside the south-east have been neglected time and again. Anne, another constituent of mine in Bramhall, wrote to me recently to explain her frustrations. She said:
“Residents are being asked to pay more while receiving less and now must pay extra just to maintain a service that was previously included. Public frustration is escalating rapidly across online forums, community groups, and social media. What can be done about this?”
It is no wonder the public are increasingly frustrated when core spending power for local government remains 16.4% lower in real terms this year compared with 2010. The services that local government provides are vital to people’s everyday lives: bin collections, green space maintenance, street cleaning and social care for our most vulnerable residents.
If local governments can no longer sustain those services, our country will decline rapidly as people’s everyday quality of life suffers. Although the guarantee of multiyear settlements and a move away from fragmented, ringfenced grants are a step in the right direction, that is still not enough. Those changes will not be felt and frustrations will continue to grow, especially as the Government continue to work on the basis that local authorities will continuously raise council tax by the maximum 4.99% each year.
(5 months, 1 week ago)
Commons Chamber
Miatta Fahnbulleh
I would love to join my hon. Friend and I would love some fish and chips. On the £1.5 million, we are getting out the first tranche this autumn, so places will already be getting the investment. We are already signing memorandums of understanding to ensure we can move quickly. There is a critical role for Members of Parliament, working with the community, to ensure that the investment goes into the things that the community wants.
Lisa Smart (Hazel Grove) (LD)
More money and power going into communities is of course a good thing, and it would be only right and proper for me to welcome some money going into my neighbouring area, represented by the hon. Member for Stockport (Navendu Mishra). I want to return to a point raised by my hon. Friend the Member for Taunton and Wellington (Gideon Amos) about the broader question of funding for local government. Stockport council covers my patch. Some £3 in every £4 it spends goes on adult and child social care. That is not sustainable. Three years to do a social care review is a long time. Will the Minister explain what conversations she is having with colleagues in the Department of Health and Social Care to shorten that timeframe so we can crack on?
Miatta Fahnbulleh
We are working closely with the Department of Health and Social Care. We understand the pressures that the social care system and its failures—which, again, we have to lay at the door of the Conversative party—are having on local government finance. We are doing what we can to give local government the flexibility to respond and increase the funding envelope, but there is a fundamental question about social care reform that is difficult and complex and that has been kicked into the long grass. We are determined to take this forward, but we have to do it carefully and we have to do it well so that it delivers the impact that everyone across the House wants to see.
(8 months, 1 week ago)
Commons ChamberWhy does the hon. Gentleman not apologise for his party’s record of 14 years of failure? We are taking action to tackle the root causes of rough sleeping and homelessness. He should apologise for the failures of his Government.
Lisa Smart (Hazel Grove) (LD)
This Government are committed to increasing participation in our democracy. We will give 16 and 17-year-olds the right to vote in all elections, giving them a say in shaping their future. Where we find barriers to participation, we will work with the electoral sector and other stakeholders to tackle them.
Lisa Smart
I recently had the pleasure of getting a robust grilling from some 16 and 17-year-olds from Aquinas sixth-form college in my constituency, which left me filled with optimism and a real sense that our democracy is in good hands. My worry, though, is that these sixth-formers and young people like them might lose their enthusiasm for our democracy and for voting because they feel that our first-past-the-post voting system leads to politicians taking a majority of power on a minority of votes. With more than 40% of MPs elected with under 40% of the votes cast in their constituency, does the Minister agree with her own Government’s statement on why they are scrapping first past the post for mayoral and police and crime commissioner elections, and should we expect a different voting system when the Aquinas sixth-formers vote at the next general election?