Elections Bill

Lord Hayward Excerpts

Lords Hansard - Part 1 & Report stage
Wednesday 6th April 2022 Lords Chamber

Moved by

[Lord Hayward]

19: After Clause 8, insert the following new Clause—
“Security of the vote
(1) The Electoral Commission must issue guidance on—(a) steps that presiding officers or clerks should take to ensure the secrecy of the ballot in polling stations, including on barring anyone from accompanying the elector into the polling booth, unless on grounds of infirmity, and(b) compliance with the provisions in section 8.(2) Local authorities and returning officers must take such steps as are necessary to ensure that the guidance under subsection (1) is followed.”

[Lord Hayward (Con)]

My Lords, I first welcome my noble friend the Minister back to his place. He has dealt, as manfully as he possibly could in the circumstances of his ill health, with queries that many of us have had, although I just wish that when he was referring to the noble Lord, Lord Rennard, he had not referred to his greatest victories, since that was a dagger fairly close to my heart—but that is another matter.

In Committee, I moved an amendment in relation to secrecy of the ballot, and I identified the serious problems we have with what is called “family voting”. This is not just in relation to Tower Hamlets but elsewhere too. In the response to that amendment, my noble friend Lady Scott was very helpful in saying:

“The current legislation requires that voters should not be accompanied by another person at a polling booth except in specific circumstances, such as being a child of a voter, a formal companion or a member of staff.”


It is fair to say that there was unanimity in the Chamber in relation to that as an understanding of the law. My noble friend then went on to say:

“However, given the important concerns that have been raised on the secrecy of voting, Minister Badenoch will be writing to the Electoral Commission and the Metropolitan Police to confirm our common understanding”—


that confirms the unanimity within this House—

“that the only people who should provide assistance at a polling booth are polling station staff and companions who are doing so only for the purpose of supporting an elector with health and/or accessibility issues”.—[Official Report, 21/3/22; cols. 750-51.]

My noble friend the Minister has been exemplary in her writing a letter, and it is fair to say that we have had very quick replies from both the Electoral Commission and the Metropolitan Police. One might, therefore, wonder why I am raising this question and this amendment at this stage, but I want briefly to go back over the history of the problems in Tower Hamlets, although it also relates to other parts of the country as well.

While looking at this issue, I turned up a report prepared by the Electoral Commission in 2013, and it said then:

“Without taking steps now to begin rebuilding confidence and trust between the key participants in the election process, we are concerned that the May … elections will again be damaged by allegations of electoral fraud.”


We then had the farce of 2014 in terms of what went to court with Lutfur Rahman. Despite what the Electoral Commission said in that report, Richard Mawrey criticised the commission in paragraph 274 of his judgment:

“All one may say, with the greatest of respect for the Commission, that the enquiries into the structures of”—


Tower Hamlets First—

“cannot have been excessively rigorous.”

We then had the court case and then, in 2018, Democracy Volunteers—to which I referred in the last debate—produced a report citing quite staggering numbers for family voting continuing to take place. Therefore, action is clearly not being taken.

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[Lord Hayward (Con)]

I thank my noble friend for his response, which I find reassuring, but I find more reassuring the clear statements from all sides of the House and the emphatic manner in which they were made. Some sections of the Electoral Commission’s guidance relating to the process of voting are inadequate and have given rise to confusion for the police in terms of the actions they take. If I could make one request of the Minister, I hope he will have conversations with a number of people over the next week or so and that, as a result, the Electoral Commission will rewrite certain sections of its guidance. They need to be rewritten to provide reassurance to polling station staff, the Metropolitan Police and other police forces. Given the speedy way in which the Minister in the Commons responded previously—I am sure she will do the same on this occasion—I beg leave to withdraw the amendment.

Amendment 19 withdrawn.

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Moved by

[Lord Hayward]

31: Before Clause 10, insert the following new Clause—
“Candidate nomination paper: commonly used names
(1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.(2) In rule 6 (nomination of candidates), for paragraph (2A) substitute—“(2A) If a candidate—(a) commonly uses a surname that is different from any other surname the candidate has,(b) commonly uses a forename that is different from any other forename the candidate has, or(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names),the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”(3) In rule 14 (publication of statement of persons nominated), in paragraph (2A)—(a) for “in addition to another name” substitute “in accordance with rule 6(2A)”;(b) for “any other name” substitute “the other surname or forename”.(4) In the form of nomination paper in the Appendix of forms, for note 2A substitute—“2A_ Where a candidate commonly uses a name or names—(a) that are different from the candidate’s full names as stated on the nomination paper, or(b) in a different way from the candidate’s full names as stated on the nomination paper,the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.”Member’s explanatory statement
This amendment clarifies the circumstances in which candidates in parliamentary elections may use names by which they are commonly known. It also makes related changes to the notes that appear on the nomination paper.

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[Lord Hayward (Con)]

My Lords, before I make any comments in relation to this group of amendments, I want to pay credit to my noble friend Lord Holmes. I chose not to speak in the previous debate but, throughout my adult life, I have suffered from losing my eyesight—not on a total basis but on a substantially partial basis—on impromptu occasions. Although it has never happened to me, I can imagine going to a polling station and suddenly being confronted by the fact that I cannot see the ballot paper properly. Many Members of this House know that I used to referee rugby matches. Now, I vouch that I never lost my eyesight in the middle of a game, despite what many of the players and spectators may have thought.

More seriously, I will move on to Amendments 31 to 33 and 38 in my name—they involve many words for what I thought would be a simple amendment. Having spoken in Committee on this matter, I intend to speak now only briefly.

In Committee, I made the point that there is an anomaly in our legislation. Had it operated at the time, it would have debarred both Jim Callaghan and Harold Wilson standing as James Callaghan and Harold Wilson because, in both cases, those were their second names and what they were commonly known as. The Welsh Senedd has already made this amendment to its legislation; my Amendment 31 is intended to bring us in line with the Senedd. It makes sense that, where people regularly use their second name as their main forename, they should be able to do so on a ballot paper so that, when people go to vote for them in a polling station, they recognise their name when confronted by it.

I thank the department officials and the Minister for their help in drafting what look like enormously substantial amendments but achieve a relatively small but sensible change to our electoral law. On that basis, I beg to move.

[Lord Stunell (LD)]

My Lords, I simply want to declare an interest in that, if this amendment is passed, I should be a beneficiary of it. When I first stood, as the noble Lord referred to, it was possible to use your commonly used name. On that occasion, I appeared as Andrew Stunell but, subsequently, I have had many a tussle with electoral returning officers. Fortunately, it is not an issue in this place but, I have to say, it is a common-sense amendment. I very much hope that the noble Lord has had some quiet discussions with the Minister and we are about to get a positive surprise.

[Baroness Scott of Bybrook (Con)]

My Lords, with respect to Amendments 31 to 33 and 38, under the current law, a person who is nominated as a candidate must give their full name. They may also provide a commonly used forename or surname, which must be different to any of the names already given, that they would like to have included on the ballot paper. My noble friend Lord Hayward has highlighted that this does not, for example, facilitate the use of a middle name where someone is commonly known by such a name.

My noble friend’s amendments would widen the scope of the current provisions concerning the use of commonly used names by candidates. They would allow a person to include on their nomination paper any name that they commonly use as a forename or surname. For example, under this amendment, a candidate would be able to choose to use their middle name if that is a commonly known name for them. A candidate may also use a commonly used forename and surname on the ballot paper.

When my noble friend raised this issue in Committee, the Minister, my noble friend Lord True, indicated that the suggestions had some merit. After further consideration, I am pleased to say that the Government consider that these are sensible changes and we are able to support my noble friend’s amendments.

[Lord Hayward (Con)]

My Lords, I note the welcome for that from all sides of the House. I am getting slightly embarrassed—this is the second time this afternoon that I have had support from all sides of the House on amendments I have put forward. I thank the Minister for her support and favourable response.

Amendment 31 agreed.

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Moved by

[Lord Hayward]

32: Schedule 6, page 117, line 28, leave out “8” and insert “6A”
Member’s explanatory statement
This amendment is consequential on the amendment in Lord Hayward’s name inserting a new paragraph 6A in Schedule 6 to the Bill.

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Moved by

[Lord Hayward]

38: Schedule 6, page 123, line 18, at end insert—
“18A_ In form 1 in the Appendix of Forms (form of nomination paper), for note 3 substitute—“3_ Where a candidate commonly uses a name or names—(a) that are different from the candidate’s full names as stated on the nomination paper, or(b) in a different way from the candidate’s full names as stated on the nomination paper,the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.””Member’s explanatory statement
This amendment makes provision for the nomination paper of a candidate at a local election in Northern Ireland corresponding to the provision made by the new clause in Lord Hayward’s name to be inserted before clause 10.