Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Lord Anderson of Swansea Excerpts

Tuesday 12th December 2023 Lords Chamber

[Lord Hayward (Con)]

My Lords, we were, I think, discussing the statutory instruments that relate to overseas voters and their registration, rather than a range of other matters. The noble Lord, Lord Rennard, took us down a series of other paths. I will pick up on two or three of them very quickly. On voter ID, a resolution was passed by this House, proposed by the noble Baroness, Lady Hayman, in a previous debate, whereby that process would be reviewed. Equally, the noble Lord made reference to a process that applies in the statutory instrument which is rarely used in this country but is already in law. Therefore, it is not unreasonable that this application should be extended elsewhere.

The noble Lord referred to postal votes in Australia and other parts of the world arriving after the actual polling date. I think I am correct in saying that in many of those domains, such votes have to be date stamped before or on the actual election day, so there is no extension to the election period by that application.

Returning to the SIs themselves, in any process of trying to extend the entitlement to vote, there is a risk that you reduce the level of security of voting. That is inevitable. Whether it is postal votes, an extended period of voting, votes abroad or whatever it may be, there is an increased risk. The question is, how do you find that balance between extension and security of the ballot? These SIs apply the process that was established under the Elections Act a few months ago. Therefore, I do not see a particular issue with them.

On the question of trying to achieve some form of financial largesse, I wish that the noble Lords, Lord Khan and Lord Rennard, had been present—as I think my noble friend Lord Mott and other noble Lords will have been—at meetings of overseas Conservatives, who were certainly not promising vast quantities of money in return for the opportunity to vote. It was just a genuine desire for the opportunity for a vote in a country to which, as the noble Lord, Lord Khan, acknowledged, those people who are most likely to register do still feel committed.

The concentration is naturally on national elections, but we should also be conscious of local elections. As the Pickles report identified, if those have insecure systems, you are far more likely to end up with a corrupt and influenced local authority, many of which have huge budgets, than at a national election, where it would be much more difficult to overturn the result by the levels of registration, which, to be honest, I expect. However, if the suggestion of the noble Lord, Lord Rennard, is taken up—Members of Parliament having constituencies around the world—I am sure that a number of people would be happy to represent Spain, the Canary Islands or France, for example, rather than some of the domains they have in this country. I say that in respect of all sides of the House, not necessarily this side alone.

I will not be supporting the amendment. I approach all these matters with great consideration because they are important, and my reasoning is twofold. First, as I see it, these SIs implement the process that was approved by the Elections Act. They do not result in an undue threat. There are other processes and aspects of election law which are far bigger threats than this. Cyberattacks have been referred to, as has AI in one form or another, along with dubious registration and intimidation.

Two aspects are particularly important. First, as I think Members on all sides of the House agree, electoral law is a complete mess and needs to be consolidated quickly, so that we do not face the problems we do. Secondly, there is the burden imposed on elections administrators, which has also been alluded to. When I was young and an election occurred, you registered and did everything months or years in advance. Now, there is an elections event, which takes place over three weeks, and everything is concentrated into it. We should not underestimate the burden imposed on elections administrators in any number of different ways. If our elections system fails, it will be because our electoral law is inadequately clear—it is a mess—or because the administrators just cannot cope.

It is for those reasons that I will be supporting the Government’s Motion and not the amendment.

[Lord Anderson of Swansea (Lab)]

My Lords, the noble Lord, Lord Rennard, appears to accept that this proposal constitutes a threat to our electoral system, but he says that there are far more severe threats and therefore, among other reasons, he will not support the amendment. I congratulate my noble friend on raising this issue; he is right to do so.

As the noble Lord, Lord Rennard, has done, I would like to point out the danger that this proposal could lead to a vast amount of work for electoral registration officers, as we have seen already. It is certainly quite a weighty SI. I go back in history to the time in the late 1960s when Roy Hattersley first made a concession in this area. Since that time, this thin end of the wedge has been increased and expanded massively.

I would like to hear from the Government whether there has been evidence of fraud as this overseas franchise has developed over the years, and the extent of that fraud. As has been rightly pointed out, the further away you are from the UK geographically, the more likely it is that it is very difficult to verify statements that you make. You can get a friend, perhaps of long standing when you have been abroad for a long time, to do that.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, I am grateful for the contribution of all noble Lords to this debate. The noble Lord, Lord Khan, started with some of the principles behind expanding the franchise to overseas electors. The noble Lord, Lord Harris of Haringey, also asked about that point. The statutory instruments implement changes made in the Elections Act and were debated substantially then—but it is worth touching on those points now.

Currently, around 1 million overseas UK nationals are eligible to register to vote, but only around 230,000 were registered in 2019. By that measure, they could be seen as the least enfranchised electors of any group. In terms of connections to the UK, British expats increasingly retain strong links with the United Kingdom. Many have family here or plan to return here in future. Decisions made by the UK Parliament on foreign policy, defence, immigration, as we have heard from the noble Lord, Lord Davies of Brixton, on pensions, trade or Brexit affect British citizens who live overseas, and that is why they should have the right to vote in parliamentary elections.

To those who say that it is politically motivated, as we have heard, I believe it is Lib Dem policy to support votes for life, albeit structured in a different way, to establish overseas voters into stand-alone overseas constituencies. It is the view of this Government that it would sever the connection to where the voters previously lived in the UK and create a two-tier system of MPs. So, it is in the interests of UK citizens resident in the UK to be balanced with those living overseas, and distributing electors on the basis of their previous local connection would ensure that.

As my noble friend Lord Lexden pointed out, Labour International also supports votes for life and has addressed some of the questions around this policy in its own words—in particular the point around whether overseas electors are tax exiles or non-doms. Labour International states that

“the vast majority of us are working age or younger and not tax exiles or rich non-doms. Those who are pensioners may have spent a lifetime paying into UK insurance and be dependent on UK pensions and healthcare funding”.

On the connection between paying tax and being eligible to vote, as a matter of principle taxation is not connected to enfranchisement in the UK. If a British citizen can vote for a political party at an election, they should be able to donate to that political party, subject to the transparency requirements on donations. Electoral law already allows registered British expatriates to vote in UK parliamentary elections and make donations. The Elections Act and these statutory instruments make no change to that principle. They merely amend the overseas franchise.

To expand further on the concerns raised by the noble Lords, Lord Khan and Lord Harris, about applicants potentially fraudulently choosing their constituency or registering in more than one location, as now, overseas electors will be entitled to register in respect of only one UK address. The Elections Act 2022 puts in place clear rules regarding where British citizens overseas may register. It must be the address at which they were last registered or, if they were never registered, last resident. As now, their connection to that address must be established before they are added to the register. Individuals applying in contravention of those rules will be providing false information and may have committed an offence. They will be penalised accordingly.

[Lord Anderson of Swansea (Lab)]

How will they be penalised? How can a sanction levied in this country be imposed abroad?

[Baroness Penn (Con)]

Well, as under the current system, all overseas applicants need to prove their identity and their verifiable connection to a UK address. A broad range of offences and penalties applies to persons seeking to register. If the applicant is not registering in compliance with those rules, an electoral registration officer who suspects fraud, for whatever reason, will ask them for further information and will not register the individual if they are not satisfied. So, there may be different routes to enforcement, but the key point here is whether people would be able to get on to the register using inaccurate or fraudulent data. That is what we have put protections in place to prevent. Registration officers are experienced in assessing evidence and, as I have said, as now, when they suspect fraud, they will have the power to ask for further information.

The noble Lord, Lord Khan, also asked about the process for using—